If wife does not want counselling then police can file FIR
2) wife has to substantiate her statement that dowry demands were made by your family
3) police tend to file FIR even in absence of proof
498a. Wife doesn't want counselling and directly demands filing FIR
My brother and his wife are going through a divorce case. My brother filed for divorce and 7 months later his wife has filed a case in Womens Cell. They were married for 1 year. The wife is putting up fake dowry case. They have no proof written/audio/video of any dowry demands. Although my brother has proof of him transferring the money to his wife's parents. The only proof that they are putting forward are when a list of blanket was discussed for (Milni) in marriage. Which was asked by them and given to them by our mother. That list was basically more towards how many people are going to be there for the Milni. Now we went to the first meeting in Women's cell. The wife started shouting there loudly and had to be calmed by multiple police officers. Now she is demanding that she does not want counselling and directly wants to file FIR. I wanted to know can she directly force the police for FIR. If yes then when are the dowry proofs going to be discussed. The matter is also in court. Thanks.
Asked 9 months ago in Family Law
Religion: Sikh
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12 Answers
Yes, she can go for the FIR directly if the counseling shows no chances of settlement. In that case, all the persons, whose names are given in complaint should avoid going to the police station. Moreover, if you have proofs regarding transferring of money to her parents, you may directly approach the court to fischarge all the persons from dowry charges.
She may demand anything but the police will go by the procedures of law.
Please remember that the mediation is just a formality.
The police would have decided to register FIR even otherwise.
Hence it will be better that your people apply for anticipatory bail.
All named persons should apply for anticipatory bail systematically depending upon their role and allegations in complaint filed by wife. Also adopt preventive measures. Pursue your case in court. Consult a competent lawyer and act under his guidance.
Dear Client,
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If the wife refuses counseling, the police may proceed to file an FIR (First Information Report).
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The wife is required to provide evidence to support her claim that dowry demands were made by your family.
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Police have to register an FIR even in the absence of concrete proof.
Thank you for the reply. Much appreciated. I had a few follow-up questions. Just to fill some information gaps. 1. The couple lived with family for first 7 months. Then shifted to Canada. Situation got worst there. There they lived for 5 months and then Husband(my brother) came to India to file divorce. He shifted the wife to other home that she rented out. She didn't want to come back to India and neither wanted to shift to her relatives house. 2. His wife came to India later. And then travelled back and picked her stuff from Husband's house. She came with Police officer as he mentioned that the divorce case was already underway. 3. She has long list of names in the CAW cell complaint. Even distant friends who don't live with her have been named in the complaint. The marriage lasted 1 year. Out of that 1 year the couple lived with family only for 7 months. Example, she talked about getting separate with one of our extended family and the person after knowledge of divorce case has shared the chats with us. Similarly at-least 15 people who didn't live together and had extremely limited interaction. Example our Maternal Grandmother, she is 78 years old also has her name in the complaint. Will everyone need to get anticipatory bail. Police told us that as long as main people are appearing and pursuing the case it should not be required. 4. CAW cell IO has asked to collect all the proofs and submit before next date. So that she can read them and match everything. Should we present them before date of at date. 5. We took out the complaint copy and see that they have repeated a lot of things again and again to increase the size of the complaint file. A lot of things have been written twice with different language. Should we spend time sorting things out and marking them to showcase that. Thanks.
Asked 9 months ago
1) main accused should take anticipatory bail
2) submit before next date
3) no Need to mark repeated allegations
Period of living together does not affect her complaint to police. Consult a competent lawyer with details.
If the police is registering FIR, then the main people lone can obtain anticipatory bail and wait for the developments.
She might have repeated the same sentences making no sense but only to put pressure by giving a voluminous complaint.
You can deny the allegations and give a statement containing the facts
Rest other things can be challenged in court of law during trial proceedings.
For proper suggestion, I request you to kindly share the copy of the complaint.
You take anticipatory bail if your name is mentioned in complaint. Also take aba for all others in family if there name iis mentioned in non bailable offence
- As per law, a wife has her right to approach the women cell against the cruelty from her husband and his family members .
- The women cell cannot forward the complaint of a woman without counselling between the parties , and without giving opportunity to both the parties.
- Since your brother has participated in the counselling , and she wants an FIR without proving her case before the women cell , then there is very less chances to lodge an FIR.
- As per Supreme Court, mere allegation is not enough to initiate criminal proceedings.
Dear Client,
If the police are filing an FIR, only the main people involved can seek anticipatory bail and await further developments.
It seems that she may have been repeating the same sentences in an attempt to put pressure by submitting a lengthy complaint without much substance.
You have the option to refute the allegations and provide a statement presenting the facts.
Any other issues can be contested in a court of law during the trial proceedings.