Submission of Written Statement - Modes
I have been served Notice under Sec 27(1) of Special Marriage Act 1954 and have been asked to submit a written Statement.
My matrimonial address is in Chennai and for Business reasons I stay for long period in Hyderabad. However, recently when I went to Chennai, My Mother in Law and Wife denied entry into my own house and filed a complaint at local PS.
I got arrived at Chennai station - Went straight to my house - My mother in law who was at home denied entry into house - my wife who was in office called 100 can called police. Police arrived and on being told by my mother in law that a case has already been filed in the court ( till this time i was not aware of this) Hence Police asked me to come to PS.
At police station, after a 7 Hrs ordeal, I was instructed by PS to leave Chennai immediately and threatened me at the behest of my wife to file criminal case relating to crime against women if I return or seen any where in the area of my residence. Hence, on the same day I returned to Hyderabad.
After arriving at Hyderabad, after 2 days I received the said Notice.
Now my problem is I'm in fear of false implication by police if i go to chennai and also required to be present in the Court as per the notice. I want to know if there is a mechanism for me to convey this problem to the court by POST or by any other means which is admissible. and the procedure to file a written statement by post to the concerned court under the circumstance.
If Yes, what is the procedure and other requirements.
Asked 2 years ago in Family Law from Chennai, Tamil Nadu
1) you can engage local lawyer and file your detailed written statement
2) you cannot file your reply by post to court
You should apply for and obtain if you apprehend that you may be arrested. Furthermore, you are not required to be present personally before the court as the presence of your lawyer shall suffice.
You may file your written statement through post either registered or speed post after attested the affidavit.
You may also file an application before the court and informed about your fear, the court may pass an appropriate order regarding the same.
Feel Free to call
Advocate, New Delhi
She has filed the divorce proceedings against you before the court.
If you have received the summons, you may have to appear in person or through your lawyer and seek time to file written statement denying her allegations.
You said you visited your house in Chennai, whether it is your own house or your wife's house?
If it is your own house then your mother in law cannot ask you to get out.
You cannot send the written statement by post.
Engage an advocate, he will take care of all other issues.
Thank you all for your valuable time and Response. However, the views are split on if the written statement can be sent by post due to fear of the respondent due to threats by PS of false criminal case if I visit Chennai.
In this connection, I request your perspective on :
Under What conditions or circumstances is Police authorized to Photograph and Take figure prints of a person. In my case, there was no complaint against me (known to me or informed by police). However, Police took my Photograph (bust size Passport photo) and forcibly took my Thumb impression. When I asked for the purpose and why this is being taken, the Police neither provide any info not provide me any copies of any complaint against me. rather the ACP, kicked me with his boots and slapped me. and his staff grabbed my hand and took thumb impression on few register and documents. I simply surrendered with no other options for fear of further physical assault.
Further, after taking thumb impression, I was made to wait for more than 3 hrs and was allowed to after paying Rs.6000/- They said its a fine amount. I was not provided any receipt or challan or any kind for the payment made.
How far is this action correct. and What can i do about it.
Asked 2 years ago
1. Written statement is not sent by post to the court. I have stated clearly in my reply that after you engage a lawyer you do not have to appear in the court for the filing of the WS. He can draft it, send you the soft copy and then you can send it back to him after putting your signatures. You are also free to apply for and obtain bail if you apprehend an arrest.
2. The amount collected from you was not fine, it was illegal gratification.
Only if case is registeted against you would police take your thumb impression and your photographs
2) if fine has been taken receipt should have been issued by police
3) you can complain against ACP to the commissioner of police for assaulting you
The contents of your subsequent post are nothing but violation of law and human rights.
The excesses of police should have been reported to the higher up of the police or a petition before human rights commission could have been tendered.
Generally the police would take photographs and fingerprints of the hardcore criminals remanded for serious offences
This being a matrimonial dispute, he police cannot indulge into such atrocities.
This clearly indicates that your wife or her side people have heavily influenced the police with hefty bribe amounts hence the police to scare you have done such acts or you are hiding the actual information here.
Even now you can consult an advocate and file a petition before state human rights commission for the police excesses.