• Will I have to lodge fresh police complaint or file section 156(3)?

I got married on May 2018. Within 1 month of marriage my husband and in laws tricked me out of my matrimony house for dowry and didnot take me back. I submitted the written complaint in police station within 2 days after this incident. The copy of the complaint was also submitted to commissioner of police.The women police who was incharge of my complaint every day used to call me in police station and used to harass me by making me wait for 5-6 hours and asking irrelevant questions. She didnt file my FIR and used to talk only in support of my husband and threatened me to give mutual consent divorce. After her continues harrasment i stopped going to police station and sent a written letter to her that i am ready to give mutual consent divorce. Due to anger I have sent abusive messages to husband and in laws. He has filed divorce petition on grounds of cruelty. That is going on from 4 years. Now I am planning to reapproach to lodge a police complaint against him and in laws . My questions are below:

1. Will i have to file crpc 156(3) with local magistrate for investigation order to police Or lodge a fresh complaint to police? 
2. If fresh complaint than what is the time limit to lodge complaint under section 498? 
3. Sending abusive messages to husband and in laws is cognisable offence or not can they file FIR against me? 
4. Section 500, 504 and 506 is a cognisable offence or not?
5. Is cross examination of both parties is a final stage in divorce is decree passed after that?
Asked 2 years ago in Family Law
Religion: Hindu

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14 Answers

You can file fresh complaint 

 

2) if police refuse to lodge FIR file petition care complaint before magistrate to direct poluce to investigate and submit report 

 

3) sending abusive messages to husband amounts to mental cruelty and is ground for divorce .

 

4) after cross examination case is placed for arguments and court passes final order 

 

5) An offence under Section 500,504 is a non-cognizable ,bailable offence, 


 

6) An offence under Section 506 is non-cognizable, bailable and compoundable by the person who was intimidated when it falls under the first part of Section 506 and non-compoundable when it falls under the second part of Section 506.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Yes. Complaint can be filed under 156 (3) read with section 200 cr.p.c. 

2. No. Not maintainable. 

3. Yes, husband is also within his right to lodge complaint. 

4. Yes. 

5. No. After completion of evidence, case is fixed for final argument. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Dear Client,

  1. You have the option to file a fresh complaint.

  2. In case the police refuse to register an FIR, you can file a petition or complaint before a magistrate, requesting them to direct the police to investigate the matter and submit a report.

  3. Sending abusive messages to one's spouse constitutes mental cruelty and can be grounds for divorce.

  4. After the cross-examination stage, the case is scheduled for arguments, and subsequently, the court issues its final order.

  5. Offences under Section 500 and 504 are classified as non-cognizable and bailable offenses.

  6. An offense under Section 506 is considered non-cognizable, bailable, and compoundable if it falls under the first part of Section 506. However, it becomes non-compoundable when it falls under the second part of Section 506.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. Even though a divorce case is pending, you can file a fresh complaint with fresh reasons because this is a continuous offence.

2. You can file one immediately also, if the police is not entertaining your complaint then you can approach judicial magistrate court with a petition under section 156(3) cr.p.c., seeking direction to the concerned police to take legal action on your complaint.

3. Of course sending abusive messages to him and his parents is an offence under criminal law, but you have to wait for him to take action on it which should be challenged based on the circumstances prevailed at tht time.

4. They are non cognizable offence.

5. You are right that after cross examination of both the sides, both the sides will argue and then the judgment will be pronounced.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Yes

2. it depends upon cause of action 

3.NC

4.It’s Non cognisable 

5.After cross final arguments then order and decree

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

First lodge a fresh complaint while copy CC to SP. If after 7 days FIR not lodged, than through court.. 

File a soon as.

3. No offence but it shall be used against u ass evidence in court. 

Non cognizable but do not apply in your case. 

Yes than final argument. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Since, the police has not taken legal action on your complaint , then you can approach the magistrate after filing a complaint under section 200 read with section 156(3) crpc for directing the police to lodge an FIR 

2. The court has its discretion to call the report from the police after lodging an FIR under section 498A , or may be call you to lead your evidence firstly before an FIR.

3. No , but it can be a ground of cruelty

4. Non-cognizable 

5. Yes

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Disposal of appeal may take 10 years or so 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If your appeal is admitted in High Court then it may take minimum 1 to 3 years time, however, maximum period cannot be predicted. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

If the case is brought on list, the high court may dispose the case in two sittings 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Depends on case to case. one month, year or more.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Almost 2 yrs approximate 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- It depends upon the burden of the court 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The time it takes for the Bombay High Court to dispose of a divorce appeal can vary depending on the complexity of the case and the backlog of cases in the court. However, in general, it can take anywhere from 1 to 5 years for an appeal to be heard and decided.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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