Section 156( 3) complaint is filed to direct cops to investigate and submit report . your statement will be recorded by police . you can in your statement mention that wife has deserted you within one month of marriage . you had filed RCR but wife is not attending court . also mention that earlier complaint lodged in SSP office has been closed .based on investigations police will submit its report to magistrate whether any case is made out or not by the complainant
Section 9 and 156 (3)
Respected Sir My marriage was arranged on dated [deleted] and my wife is not with me since [deleted] during this period she went one time at his Jeeja Home. Total near about 20 days relation. Thereafter, her Jeeja and she deemanded heavy amounts for settlement other wise they will lodged complain. As per legal suggestion i filed section 9 in september 2013. after my section 9 they lodged a simple application in SSP Office. SSP Office referred the application at Pariwar Paramarsh Kendra, i got a notice for appearance. I appeared and shown mine section 9 after 4 or 5 dates she told that she want divorce and money. So Pariwar paramarsh kendra closed the file, as it was totally false of girl. Sir it is also highlighted that they did not appeared in section 9 since september 2013 I am attending and sending steps through our lawyer. Recently i received a call from their lawyer that come in my chamber because FIR is lodged against me. Come and settle the matter in chamber otherwise FIR will be proceed. I enquired through my lawyer he told they filed a 156 (3) on the ground of cruelty and maintenance demand but statement is not completed yet. I want to know what should i do now, and what action will be through 156 (3) against me, it will bailable notice or non bailable. It will under investigation or direct action. Please suggest what should i do for further action.
Asked 10 years ago in Family Law
Religion: Hindu
7 Answers
Hi!
You don't have to worry about any police complain and FIR is not so easy to file. Ask them to send a copy of the FIR, which in my opinion has not been filed. Your wife is just trying to extract money from you through blackmailing. Let her file for divorce, oppose any sort of maintenance since she has stayed for a very brief period with you. Fight the case on merit, don't be afraid of legal proceedings.
in cases of cruelty and breach of trust that is under 498A/406,there is a set of procedure which has to be followed before registration of FIR, and more over there is no need for them to file under 156(3),as it can be regestered after initiating the proceedings which is is required under the law,i think you need to meet the lawyer and discuss with him
Consult a local Lawyer and discuss with him and sort out the issue. I concur with the views of my learned colleagues and advise you to act accordingly.
if they have approached by 156(3) crpc. donot worry as per guide line of supreme court matter will be sent for councillation again before order of FIR.
It is unethical for a lawyer to call the opposite party. If statement of your wife has not been made yet then FIR could not have been registered. Once you receive a notice for appearance from police then show a copy of your RCR case and also inform that your wife is not appearing in court to contest your case. You are on the right side of law, so don't worry.
Dear [deleted],
156(3) Cr.P.C. they have moved for lodging the FIR, which is not regestered yet, as i understood from your query. Your facts are in so brief that I couldn't suggest you more.
For further advice pls contact me at-
Sanjay Dixit Adv.
Chamber No.- 37, Family Court, Lucknow
E mail: [deleted]
Mob. No,: [deleted]
