• Divorce case and influence of local politicians

Hi All
I am in between divorce, my wife broke into my apartment with help of local politicians and harassing my mom. Police is reluctant to act although we got order from high court about WRT. Police is influenced by local politicians and how to approach this influence legally and what further steps can be taken so that police is forced to act.
Asked 3 months ago in Family Law
Religion: Hindu

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8 Answers

Politicians and third parties have no right interfere  in dispute husband and wife. If some third person has obtained access to you apartment without your permission you can file a criminal complaint against he for the offence  of house breaking. If police hesitate of register fir on our complaint you can approach court Magistrate  by filing a private complaint. Court will direct police to register fir, investigate the complaint, produce the accused in Court and after submission of chage sheet Court will convict him. After filing complaint, you can approach High Court  and seek an order to give you and your family protection against wife and her relatives.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

Complain to commissioner of police against local police inspector refusal to take action inspite of HC orders 

 

2) you can also take out contempt of court proceedings against st your wife ,local police officers refusal to comply with HC orders 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

You first of all obtain an order of injunction against her through a civil court by filing a suit for permanent injunction and along with it file an application seeking temporary injunction on the same lines till the disposal of the main suit.

If she violates the injunction order you can file a contempt of court to get her punished for disobeying the court order.

However you may please note that she is entitled to reside in her matrimonial home till she remains your legally wedded wife.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

If the apartment is in the name of the parent then file an injunction suit against the wife in civil court. If the police took the case under the influence politicians would contest the case before the proper court .You can file a complaint against the Police  before Complaints Authorities (PCAs) mentioning the name of the accused officer along with the incident in detail.

Ajay N S
Advocate, Ernakulam
4010 Answers
96 Consultations

5.0 on 5.0

- If the police is not taking legal action against the said local politicians , then you or your mother can lodge a complaint to the higher police official , and if no response then she can file a compliant before the Court .

- Further, if the police is not complying the High Court direction , then you can file a contempt petition against the said police official/I.O. of the case. 

- Further, if your wife is harassing your mother , then mother can file a compliant against her daughter-in-law under the provision of DV Act. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Your mother can give complaint in the nearest police station under senior citizen act for mentally harassments and torture. 

 

Plus you can file case against your wife "Faujdari" breach of peace, and criminal case.

Ganesh Kadam
Advocate, Pune
12423 Answers
193 Consultations

4.9 on 5.0

Police need to act on order of HC. They can't say no to you in any conditions

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Dear Client,

The primary duty of police officials is to serve mankind, to prevent crime, to uphold and protect human rights and to investigate and detect and activate the prosecution of offences, to curb public disorder, to deal with major and minor crisis and help those who are in distress. But it is often seen that while discharging official duties, police officials do not undertake their responsibilities in a proper way and abuse their power for personal or official gain.

 

Thank You.

 

 

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

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