• After filing FIR, what are the next steps?

For domestic violence and divorce.
Husband and his family members assaulted, physically abused wife from many years and now 6+ people, all of them together has beaten this wife.
She filed FIR.
1. She doesn't know what the next steps are.
2. She doesn't know whether the court or police who will take the next step or she has to take the next steps like go to the court that is mentioned in the FIR or any place any court and ask them to start the case.
3. She is scared to stay in the same city and fight. So, can she go to some other place and start/continue the case?
please guide what are the steps to follow.
Asked 3 years ago in Family Law
Religion: Hindu

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9 Answers

Police  would issue notice to accused under section 41 A of cr pc to record their statements 

 

2) police would complete investigations and file charge sheet or closure report 

 

3) she is at liberty to relocate to another city 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Once she has given a complaint to the police, it becomes the duty of the police to prosecute the case based on the complaint and the supporting documentary evidences.

She has to be present before court only to depose her side evidence when the court summons her. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes she can go and continue in other place but need to come for evidence to the concerned court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

  1. After registering FIR, police will investigate the offence, summon the  accused to police station, register charge sheet and produce the  accused persons in Court, after trial court will convict them.
  2. If police fail to take any steps, you can directly approach court, a direction will be issued by court to police to register FIR.
  3. She has to file cases in place where offence took place.

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
  4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.

  5. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.

  6. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially when the child is girl, custody is given to mother with visiting rights to father. 
  8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.

2. Restrain him from house transferring as the same belongs to you son/daughter.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

After filing of FIR, a police officer will register an FIR OR Domestic Incident Report (DIR) or might direct the victim to a protection officer in charge in the area. A protection officer will help the victim to file a DIR and File a case in court.

The victim can also file a domestic violence complaint on an online portal of the National Commission for Women (NCW). NCW is empowered to investigate complaints related to domestic violence, dowry harassment, etc. it mostly helps in monitoring and expediting investigations led by local police and provides options of counseling and mediation.  NCW also constitutes an inquiry committee that makes inquiries, examines witnesses, collects evidence, and submits a report to NCW with recommendations with regard to complaints.

she can definitely move to another city or state and file an application for transfer of the case.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

These people will go for FIR quashing and/or anticipatory bail. She should file a caveat in the Court.

 

She should get in touch with the Investigation Officer and get her statement etc. recorded. . 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Once a complaint is lodged and an FIR is registered, the police will investigate the case and file a charge sheet at the jurisdictional court. The complainant need not do anything further, other than assist the police in the investigation. Law will take its own course. The complainant may move out of the place, but her presence may be required frequently for the further progress of the case.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

1. If there is already FIR filed, then the I.O of the case is bound to collect the investigation report for filing charge sheet of the case before the court for starting the trial against the culprits , and she will summoned by the court for recording her statement before the Magistrate. 

2. She will be called by the Court after sending her a notice 

3. Yes, 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1) Ask her to file 498A, DV case against all family 6+ members.

2) first ask her to give compliant  in FIR against them and file 498A and DV case. File case in the same city .

3) If she can go at her native place stay there and later on can make complaint against them 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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