• No action from police after repeated complaint against mischief wife

Hi Everyone\nI live outside Kolkata and my wife after I filled divorce entered into my home in Kolkata and is constantly harassing my Mom. We have CC tv in the premises. Multiple complains has been made against her over last 8 months to the police station but there seems to be no action. We approached Kolkata High Court for police inaction and also got protection order from court for my mom. Video evidence also has been submitted to the police. My current layer is saying unless she does any punishable offence we may not be able to get her arrested. The divorce case is already under progress. What action can I take so that I can stop her from harassing ? She also has got a theft case 379 against her and she is on bail.
Asked 1 month ago in Family Law
Religion: Hindu

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16 Answers

Since police is not implementing the protection order from High Court in words and spirits, file a contempt against police in High Court of Kolkata only than they will take action.  

Ravi Shinde
Advocate, Hyderabad
2490 Answers
41 Consultations

5.0 on 5.0

If she has committed any offence after you have obtained a protection order, then you can give a complaint on the basis of the evidences available to confirm the commission of offence by her, to the local police, if they do not take proper action to prevent her from doing so, you may file an application under section 156(3) cr.p.c. before concerned judicial magistrate court seeking direction to police to initiate proper legal action against her on the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

Your lawyer has advised you correctly 

 

2) you already have obtained protection order from HC 

 

3) install CCTV cameras in your house 

 

4) audio and video recordings are admissible in evidence 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

 The conflict arose of matrimonial dispute, unless a clear case is made for, police will not arrest her. If you have proof of  causing hurt and hurt by dangerous weapons produce it to police, she will certainly be arrested.

Ravi Shinde
Advocate, Hyderabad
2490 Answers
41 Consultations

5.0 on 5.0

If police is refusing to lodge FIR file private complaint before magistrate under section 156(3 ) of crpc to direct police to investigate and submit report 

 

if you already have protection order no sense in filing DV case 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

You can file complaint before magistrate u/s 156(3) crpc

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

The police will be very lethargic or hostile to such situations, hence you may have to follow up the matter again through court i.e., by filing a petition under section 156(3) cr.p.c. before concerned judicial magistrate seeking direction to the concerned police to take immediate legal action on your complaint.

 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

Dear Client,

As per the facts which have been provided, if police is refusing from  lodging the FIR file a complaint agiainst the police in High Court.

Thank You.

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

1. Who has filed the theft case against her?

 

2. She is entitled to stay at the house of her husband till her divorce or otherwise ordered by the Court.

 

3. If the house stands in the name of your mother then it will be easy to evict your wife from her house.

 

4. You can offer an alternate accommodation for her for praying for an order upon her to vacate your house.

 

5. Expedite the divorce case.

 

6. Additionally, you can file an application under order 39 Rule 1 & 2 praying for an order restraining her to enter in to your house, harass & torture your mother till the disposal of your divorce suit and stay at  the separate accommodation provided for her.

Krishna Kishore Ganguly
Advocate, Kolkata
26517 Answers
726 Consultations

5.0 on 5.0

1. There will be no arrest based on the DV case to be filed by you.

 

2. She can be arrested if any cognisable offence as per IPC has been proved as committed by her.

 

3. You can pursue the matter before the High Court. 

Krishna Kishore Ganguly
Advocate, Kolkata
26517 Answers
726 Consultations

5.0 on 5.0

You cannot expect the police to remain 24 hours in your house in the name of protection. 

If she's becoming violent then you can always take defensive action to protect yourselves on your own as per the prevailing circumstances. 

If she's found to indulge in physical tortures,  you also retaliate physically and pretend before police or court that she provoked you and hence you had to resor to defend yourself from being further harmed. 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

As instructed kindly take action. Once court orders police will file FIR in the said matter

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

Take out contempt of court proceedings against police if they refuse to comply with HC orders 

 

2) record her abuses 

 

3) install CCTV cameras in the living room and mother bedroom 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

Dear Client,

You should file contempt of court charge against the police if the police does not follow court orders.

Thank You.

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

- According to Section 2(l) of the Criminal Procedure Code, 1973, non-cognizable offense means an offense for a police officer has no authority to arrest without warrant, and the police official has to take order under section 155(2) of the Criminal Procedure Code from the Magistrate.

-  Hence, only on a compliant which is not showing a cognizable offence, the police cannot arrest her , even she is involved in other offences /cases.

- However , if she is creating trouble for your mother , then your mother being a woman can file a compliant under the provision of DV Act against the harassment of her daughter-in-law. 

- Further, she can also file a compliant under the Senior Citizen Act as well against her. 

- Further ,as she creating much trouble for your family members , then you can take divorce from her on this ground , as it amounts to cruelty. 

- As per the Supreme Court , repeated filing of cases and complaints against a spouse can amount to 'cruelty' for the purpose of granting divorce.

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

1. You shall have tom further approach the High Court  informing that police is not abiding by its Order.

 

2. You shall have to file a petition before the High Court praying for a direction upon the lower Court to expedite hearing of your divorce suit and dispose it of within a fixed time period, say 10 months thereof.

Krishna Kishore Ganguly
Advocate, Kolkata
26517 Answers
726 Consultations

5.0 on 5.0

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