• Summon from police station by wrong information my wife

My wife put case on my family (amma – appa –sister and brother) under Domestic violence act at 2018. Since It was a false case and we got written statement as the “allegations are not proved” from family welfare officer. (We got his recommendation letter to court by RTI by, who did the enquiry on that case). 
Now in this month, still the case is in court and keeps on dragging, but my wife put a police petition to commissioner as she was affected by my family and wants her belongings (gold and things). So they sent summon to my family members including my mom and father. Also the SI called to my mom and shouted with un-respected words.
“Since I am in abroad, and my mom and father are over 65, we couldn’t attend on that day, so we will send our lawyer to you. “ I explained in phone conversation to that Inspector, also I explained the problems between me and my wife and the wrong information by my wife and I want to live together. She also accepted, but due to high influence and pressure from my wife family, she (Inspector) send again summon to my family. This summon again makes my family to get too worry. And my father hospitalized. 
Now my question is,
1. can I take action against the SI for her summon on older age people and 2 ladies (mother and sister)? (I heard 166A or 166)
2. if yes, how can I do that? 

i want to do this action for 2 reason, 1. my wife and that police are distance relative, they are thinking that they are superior to control us. i want to reply to them. 2. this will be the sample to all my society. 3. my fater is a old man and genuine person. he got mental worry due to this.
Asked 9 months ago in Criminal Law
Religion: Hindu

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12 Answers

If only the domestic violence case is pending and the district welfare officer has closed the mediation proceedings then the case must be going on in the court.

The police cannot summon anyone in this matter as the case is pending before the court.

He cannot summon you and your family.

Rahul Mishra
Advocate, Lucknow
13792 Answers
65 Consultations

5.0 on 5.0

If still the police are harassing you then file an application before the CJM where the domestic violence case has been filed.

Rahul Mishra
Advocate, Lucknow
13792 Answers
65 Consultations

5.0 on 5.0

  1. Police are protected for acts done in official capacity. But you can get your case transferred from the police officer who is relative you’re your wife. You can make a complaint to the Commissioner on the ground that the said police officer is taking undue interest in your affairs.
  2. You can also complaint of the shouting of police officer on father and mother to Human Rights Commission by making a complaint online
  3. Supreme Court of India in case of Rajesh Sharma has issued direction to all police in India not harass old parents of husband. You also make use of that case.
  4. If the summons are issued for attending the Court and filing of FIR, you can get the FIR quashed by High Court.
  5. Only after the FIR is quashed by High Court, you can seek action against the police officer under Section 166 and 166A.

Ravi Shinde
Advocate, Hyderabad
2833 Answers
42 Consultations

5.0 on 5.0

Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation.

 

2) The circular issued to all police stations across Maharashtra has directed police to ensure that women, children and physically handicapped are not summoned to police stations for recording of statements.
Asking the police to strictly follow section 160 of the Criminal Procedure Code, the circular states if the statement of any woman, child below the age of 15, and physically handicapped person is required, the policeman concerned will have to go to their residence and record the statement.

 

3) complain to commissioner of police against police inspector 

Ajay Sethi
Advocate, Mumbai
88406 Answers
6234 Consultations

5.0 on 5.0

If the said police as malafidely issued summons then only you can take action against them. 

No action can be taken against police officers for discharging their duty in good faith. But you can take action against the wife for providing wrong information to police machinery causing harassment to you and your family

Prashant Nayak
Advocate, Mumbai
27600 Answers
88 Consultations

4.4 on 5.0

1.  The police are doing their duty hence you cannot take any action against the police for issuing summons to your family members.

2. You may have to challenge the false case in the trial proceedings only and not with the police.

The police are not the deciding authority, their duty is only to file a criminal case on the basis of the complaint before them, you can get the allegations nullified in the trial proceedings and get acquitted. 

T Kalaiselvan
Advocate, Vellore
78567 Answers
1557 Consultations

5.0 on 5.0

No case can be filed before human rights commission.

If at all you are aggrieved by this act, you m,ay have to challenge the same in the trial proceedings and come out safely

T Kalaiselvan
Advocate, Vellore
78567 Answers
1557 Consultations

5.0 on 5.0

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, as your wife is using women card, but your mother is also a woman, and needs to pass her life in peace. 

- Your mother, being a woman can also file a complaint with the police against your wife due to harassment & torture.

- Your mother can also file a case against your wife before the magistrate under the provision of domestic violence act.

- Further, your mother being a senior citizen lady can also file a complaint under senior citizen Act, 

- However, you should also lodge your complaint against her harassment & torture, after mentioning that due to being a woman, she is creating such scene without any sufficient reasons. 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
10057 Answers
122 Consultations

5.0 on 5.0

Approach High Court for relief.

G.RAJAGANAPATHY 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear client, 

Section 166/166A can be invoked when a public servant (any public officer acting on behalf of the government) knowingly disobeys a direction of the law. Here, no specific law seems to have been broken aside from providing nuisance to your elderly parents. The sections may not apply here but you can try and write to the DSP and complain about the SI's behaviour. 

Thank you. 

Anik Miu
Advocate, Bangalore
5027 Answers
53 Consultations

4.9 on 5.0

1. The Summons sent shall have to be addressed as per law.

 

2. Engage a local lawyer to take care of the matter for and on behalf of your parents.

Krishna Kishore Ganguly
Advocate, Kolkata
26700 Answers
726 Consultations

5.0 on 5.0

1. It is not a case of violation of human rights. So, you should ensure that the Summons issued to your parents are addressed by them.

 

2. Engage a local lawyer as advised in my earlier post.

 

3. There is nothing to be afraid of in the instant matter.

Krishna Kishore Ganguly
Advocate, Kolkata
26700 Answers
726 Consultations

5.0 on 5.0

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