• My wife complained at Women cell of Police

Sir, I need to have information per below.
1 I currently live in Delhi but my permanent address is in Haryana and considering my marriage and marriage reception also has happened in Haryana, so whether I can file divorce case in Haryana and what is the correct jurisdiction in this case,.i.e. Courts in Haryana or court in Delhi
2 My wife has filed complained in women cell of police in Haryana and after three hearings women cell has transferred the complained to Mediation center in Haryana and my date for second hearing is due in October, so should I wait for conclusion of this date or should i file divorce case in court considering my wife is still living with me considering earlier from March to July end she was living with her parents at their home in Haryana.
3 if my case does not get settled at mediation center in Haryana then what is the next procedure whether FIR will be filed immediately or it will take some time or any procedure is to be followed by Haryana police considering any Supreme Court or Hight court judgement.
4 What is the ideal time to apply for anticipatory bail and what is the cost per person.
5 I did apply through RTI for copy of police complained done by my wife in women cell but I still to get any copy for the same except one phone call from police for this and it has elapsed more than two months for my RTI application.
6 Is there any demerit if I file divorce case in Delhi courts instead of courts in Haryana and what is the procedure of both of these states and whether they will transfer the case in mediation center againz.etc. etc.
7 It has already been 10 years since my marriage has happened so whether my wife still can file fake cases of dowry, etc. 
8 My parents live in Haryana and I live in Delhi with my wife and children, so whether my wife can file any wrong case against my parents and other family members considering any wrong allegation.
9 My wife has hide her educational qualifications and her correct date of birth since she before marriage she has told me that she has done Masters degree whereas she has passed only twelfth class and my wife is almost 1.3 years elder than me, what benefit I can get out of this cheating in taking my divorce fast and whether my wife and their parents can be punished for this cheating.
Asked 2 years ago in Family Law
Religion: Hindu

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6 Answers

2. You can file a  case now

3. That depends on the girl when she files the same. 

4. As soon as possible after FIR. No per person cost it depends on lawyers standing and experience

5. Appeal in RTI law 

6. You need to file as per the jurisdiction. Procedure is a far as same

7. She can file fake cases anytime

8. Yes she can. 

9. You can bring that to the notice of the Court

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

You can file File case in Haryana or Delhi as marriage solemnised in Haryana and after marriage stayed with wife in Delhi  

 

2) if mediation fails then file for divorce 

 

 

3)FIR would be filed if mediation fails 

 

4) legal fees vary depending upon lawyer engaged by you 

 

5) apply for anticipatory bail after filing of FIR 

 

6) if you file petition for divorce in Delhi wife will file transfer petition in SC to transfer case to Haryana 

 

7) wife can file false dowry harassment case against you and family members 

 

8) you can take plea that wife has suppressed material facts about her educational qualifications and age 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Since the marriage was performed in Haryana , then it can be a jurisdiction for filing a divorce case 

- Further, if you live with wife in Delhi , then last residing will be also a jurisdiction for filing a divorce case.

2. You should appear before the mediation cell on the date of hearing , otherwise they may lodge an FIR after admitting the complaint of your wife in your absence. 

- You can file the divorce petition even the complaint is pending before the CWC , however you should wait for the outcome of the cell. 

3. If not settled then there is also possibility to cancel the complaint and also for lodging an FIR , as cwc is like a mediation center. They will firstly try to settle the dispute . 

4. Anticipatory bail is needed only after lodging an FIR , and the fee of lawyer is not fixed .

5. You have right to take the copy of the compliant from the mediation center .

6. If you file the divorce case in Delhi, then there is possibility that she will try to transfer the said case in Haryana i.e. the place where she is presently residing. 

7. Yes, 

8. Yes

9. You can take these concealing facts as the grounds for divorce 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

1. The jurisdiction for filing a divorce case  is as follows;

It can be filed in the place of marriage or the place where both have lastly lived together or the place where the wife is currently living.

2. The complaint by her before the women cell is not a bar to file the divorce case, yo can very well go ahead with the proposal to file the divorce case even during the pendency of the mediation before the women cell.

3. If the mediation fails then the women police may even register FIR, hence you may better be ready with an application for anticipatory bail in that event.

4. Read the above answer.

The lawyer fee for obtaining bail would be determined by the lawyer who you would be engaging for this purpose.

5. You can file an appeal against the non response for your earlier application in this regard.

6. If the jurisdiction falls in Delhi, you can very well go ahead with your decision to file the divorce case in Delhi also, it depends on the circumstances.

7. This is a continuous offence, hence you cannot stop her from taking any such steps to file a criminal case against you for dowry harassment.

8. If she is bent upon to take revenge against everyone, she may file the false complaint against everyone, however this can be challenged properly during trial proceedings given the fact that this is a false complaint.

9. The suppression of such issues are not material for marriage hence you may not derive any benefit by highlighting her such suppression activities. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can file the divorce petition in Haryana. Attend the mediation proceedings and try to settle the matter. If the mediation fails then file a divorce petition. She will definitely lodge an fir and file a domestic violence case also. Take anticipatory bail. If your wife lives in Delhi then you can also file the case in Delhi too. The lies that she told is a strong ground for divorce.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Dear Client,

1) yes, you can fie a case in Haryana. 

2) It is recommended to wait for the conclusion of the mediation to initiate a divorce case. 

3) FIR will not be filed until your wife approaches the police. It can be filed immediately. 

4) Anticipatory bail can be filed after FIR is filed. The investigating officer will send you a notice of arrest 7 days before arresting you so, in this time period, you can file. It costs about Rs. 30,000. 

5) If you didn't get any reply within 30 days you can go for 1st appeal to the appellate authority. Even if the 1st appellate authority does not respond, then you can go for state / central information commission after waiting for 90 days.

6) No, there won't be any demerit if both parties can travel easily and attend the hearing. The case will first be transferred to mediation. 

7) Yes, your wife can still file cases for dowry against you. 

8) There is a possibility of your wife filing a fake case against your parents for the demand of dowry. 

9) She can be held for contempt of court if she hides her information from the court to claim any maintenance. This can help you reduce the costs of maintenance if you provide evidence in court. The divorce can go faster than usual if the parties attend the proceedings. 

Thank you. 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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