Wife refuses on second motion & filed complaint in Women Cell PS
My wife left my house in Sept,2014 as she dint want to live with me and took along my daughter. Then she operated our joint locker without my consent and took away all her gold and my family gold as well.
Then in March,2015 filed for mutual consent under 13B-HMA and took Rs.7 lacs out of the settled 30 lacs and handed over the daughter's custody to me in front of the hon'ble judge and we jointly suffered statement for the same. Then in August,2015 illegally took away my daughter from my home when she was playing in vicinity and kidnapped her with help of her parents and maternal uncle. And the second motion which was in Septembe,2015, just out of the court she demanded more money to which i denied and she suffered statement that she doesnt want to divorce me. The hon'ble judge told her to return money to me which she had taken at first motion. she took date but never came back. Then i filed police complaint for kidnapping and fraud but she refused to settle with me and police officials made reports in my favour and reports were forwarded to Commissioner of police for proceedings to file FIR. this episode happened in month of january,2016. and the 13B-HMA was still on as i requested dates. While the 13B case was still pending, she moved a complaint for dowry and harrassment against me n my parents and other family members in the WomenCell police station. But in the meantime when she came to know that report of filing FIR against her for kidnapping and fraud has been made and was sent to CP office for approval, then in February,2016 he returned me my money in 13B-HMA case and said she doesnt want to divorce, so finally the case was dismissed as unfructuous. After 07 days of this, Police filed FIR against her and her parents and maternal uncle under section 365-420-120B IPC. She filed for enquiry on FIR and police made reports for cancellation of FIR somehow. Now a complaint against me and parents in pending in WomenCell PS. Though no such dowry was demanded and taken and no harassment and watsoever was done, but still Police says that they may file FIR against me. and also She was put up application in High Court Punjab for Quashing of the FIR. My question is Number 1- Is there any way out of the womencell complaint. and Number 2 - would High Court quash the FIR. Because she is a woman and a mother, means the law is all in her favour. Please advise
Asked in Family Law from Ludhiana, Punjab
1) if police file FIR against you you should move HC for quashing of FIR
2) in women cell place your petition filed in divorce for mutual consent wherein consent terms were filed to show that no demands were made for dowry .
3) you should in HC oppose quashing of FIR filed by you against your wife . the Hc would quash FIR only if settlement has been arrived at between the parties
1. Nothing to worry, the petition u/s 13B will now come in aid of you.
2.Since she has withdrawn all her allegations in the petition of mutual divorce she can not lodge case on the basis of past incidents which occurred beofre the date of filing the 13B petition.
3. The kidnapping case will also help.
4. So apply for bail which should be granted very easily in the context of these incidents.
5. Thereafter go for quashing of 498A case.
Don't let the High court quash your FIR filed against your wife and her parents for illegally kidnapping your daughter. Contest it by filing necessary intervening application and file strong objections to her petition seeking quashing.
Before the women's cell, file your detailed objections stating along with documentary proof that you wife is not staying with you and that she left your house voluntarily and thereafter she agreed to a mutual divorce but after the first motion she took money from you and also kidnapped your daughter whose custody was given to you by the court.
Only out of vengeance she is filing this false complaint U/s 498A and Dowry Act, when all along she has not been living with you or your family since Sept 2014.
If the police do not consider your objections and proceed to register the complaint, file a petition U/s 482 of CrPC seeking for quashing of this complaint.
In the meanwhile obtain Anticipatory Bail for your parents and yourself against arrest and detention in this dowry case.
1) You need to respond to summons from the Women's cell and as you have already an FIR filed against her and her family the case will trend in your favour. Have no worry hence.
2) It would not be easy for them to get an FIR under sections 365-420-120B IPC and even if the HC quashes the FIR it will not have any direct impacts on you.
3) In the mean time as the Mutual Consent Petition was dismissed you must immediately file for divorce unilaterally on grounds of cruelty.
1. You should apply for anticipatory bail as and when the FIR is filed so that you do not suffer arrest.
2. The HC will decide her quashing petition on merits. Nobody can tell whether it will quash it or not. You can contest her petition through your lawyer.
My question is Number 1- Is there any way out of the womencell complaint.
Since she has lodged a complaint under dowry prohibition act, the women cell may register a FIR, however you can obtain AB, while arguing that she filed this case as a revenge or retaliation to your case on her, you will get AB easily and then you can challenge he case properly in the court.
and Number 2 - would High Court quash the FIR. Because she is a woman and a mother, means the law is all in her favour. Please advise
If the FIR is for offence of kidnapping alone then her petition for quashing the FIR may be allowed by high court because the child taken away by another parent would not be considered as kidnapping.