• Mahila Mangal Ayog

Hi

I have to ask you that my wife has filed a complaint against me and my family in mahila ayog for mental harassment for dowry and now I am getting calls form SO office to come in person and solve this issue.
Although we have only lived together for one and half month and she has gone back to india happily and after reaching india she has started asking me to leave my parents only then she will come back once I have refused to accept her demands after 2 months she has filed this case against me.

please advice what should I do.
Asked 1 year ago in Family Law from United Arab Emirates
Religion: Muslim
1. You should apply for pre-arrest bail to preempt your arrest as the proceedings initiated against you are of criminal nature which may result in your arrest. Once bail has been granted to you and your family then all of you may safely turn up in mahila ayog as the sword of arrest will no longer hang over your head.

2. You will be given a fair opportunity in the court to rebut her case. However, at this stage your emphasis should be on getting bail. Engage a lawyer and get going.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Hello,
1) Mahila ayog is only a conciliatory body and you are not legally bound to appear before it.However it is advisable to send them a suitable reply if you have received a copy of the complaint.

2) Try to negotiate and see  if the marriage can be saved. If not you have the option under Sharia law to divorce your wife through a proper talaqnama with the help of a Maulvi.

3) Thou will need to pay her maintenance during the iddat period.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Hi, you to apply for anticipatory bail in the Court and after obtaining the anticipatory bail then you have to approach the police station.

2. It is better you can contact local advocate and see whether the police will have registered the FIR or not and if the police will lodge the FIR then you have no option you have to apply for anticipatory bail.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) objective of Mahila agog is to help in reconciliation between parties 

2) there is n harm in visting  office of SHOto help in resolution of the dispute 

3) you should deny all allegations made in complaint 

Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
First of all file an application under RTI act and get the copy of complaint filed by your wife before mahila mangal ayog or police and after obtaining the copy of complaint file your written reply against that complaint.

you may also file an application for anticipatory bail if the matter is serious nature.

you may contact over the phone after pay the consultation fee which is very nominal
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
If you are in local, you may make a visit to the Ayog and become aware of her complaint, explain your position and her stand and also you may ask her in front of the counselors about the veracity of the complaint.  Let she face and answer your questions.
If you are staying abroad, how did they contact you?, did you give your phone number to her and she in turn dialed the number for them?  Next time when they make a call, dont answer and also change the number at abroad.  Let she become fed-up calling you, this will certainly not affect your parents in India. 
Her unjustified demands need not be acceded to.  She first has to learn to be adjustable and flexible in her matrimonial house and with the people, if she has scant respects for human value then she cannot keep you happy for life long even if you accede to all her demands and pressures. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
complaint filed before mahila thana has no probative force unless parties to the complaint agreed to compromise. 
 
You no need to reply and appear before mahila thana because you are living in abroad and no process of the court may be served upon you unless following the procedure laid down under section 105 crpc. this procedure will take minimum 1 year so you may ignore her complaint. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
lakshita bihari vs laxman kumar, it is held by the court that mahila thana has no power to decide matrimonial case, family court is the proper forum. If compromise made by the parties before mahila thana also not have probative force unless it is recognised by the court.   
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
in purshottam vs kalika pursottam, it is held by the supreme court that if wife spent less than 6 months in matrimonial home and did not set legal action in motion immediately when she met any undue harassment then court should cautiously examine the facts and don't take any action merely on the statement of wife.

so you should file a writ before high court and take an order that no coercive action shall be taken against your parents and relatives. so first protect them and then initiate any proceeding with caution.   
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0

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