• Complaint lodged with Mahila Ayog after losing 498A by wife

Complaint lodged by wife against my friend in Mahila ayog, for security and desertation, bigamy. As both was married 11 years ago, after living for 6 months she lodged 498A, and when he tried to call her, lodged 506B, after 1 year lodged maintenance case also, in last 11 years, my friend won 498A from session court 1.5 years ago, 2 years back won 506B case also, and 3 months back as his wife is working so maintenance case also closed after giving maintenance from last 8 years, My friend had placed divorce case 5 years back and case is still pending in high court. Few days back recieved letter from mahila ayog having complaint against him, his father and his mother, for this he not gone but when his parents appeared in mahila ayog, they found that she is saying that they had not done compromise, and his son is living with other women, so, I'll fight upto the end and not givharrassement due to false case there is no way to compromise, and shown them court dicision. But mahila ayog not seen it and said to his father that his son has to appear in mahila ayog, and said to the lady that your maintenance will not stop, whether you are working, are mahila ayog is having authority to support her against court dicision when came 3 months ago from family court, and what ae him divorce, for this his father said that as false 498A, false 506B case was closed, and maintenance case is also closed, and divorce case is pending in high court, and after recieving ction my friend will take for his wife's new weapon in the name of mahila ayog after losing all false cases and divorce case is pending in high court. Kindly support. Both are living seperately from last 10 years.
Asked 4 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
1) your friend is staying separate from
Wife for last 10 years 

2) in case any false complaint made by wife your friend should appear before Mahima ayog  and mention that he has been acquired in false cases 

3) if any FIT is filed move HC for quashing as staying separate for 10 years and acquitted on 498 A case 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
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1) FIR is first information report 

2) it was typographical error 

3) he need not engage lawyer to appear before Mahima udyog 

4) friend should mention on account of false cases filed by wife staying separate for 10 years and divorce case is pending in court 

5) mention that he had not remarried as no divorce decree passed by court 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
The acquittal in a 498A prosecution does not bar the filing of a fresh criminal complaint for 498A during the subsistence of matrimony. It seems that a fresh case under 498A may have been filed by the wife of your friend, so your friend should apply for and obtain AB and then appear before mahila ayog. Tell him to engage a lawyer to find out which case has been filed against your friend. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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Themaila ayog as the name suggests, it is no surprise if they act at the behest of that lady in a biased manner.

They will understand the law nor they will be inclined to listen to any plea nor they will understand the situation or the motive of the lad making a complaint.

Mahila ayog is not an authority to decide on such issues,

If at all she has any grievance against his act of bigamy she has to approach police and not mahila ayog. 

Let your friend attend the mahila ayog, give his explanation and deny to accept her or her allegations, if the aayog still insists favoring the woman, ask them to go ahead, which can be challenged in the court accordingly.

The long pending divorce case will help him to tide over the present crisis.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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kindly give meaning for FIT, and whether he'll appear in mahila ayog alone or with advocate, secondly how he'll prove that bigamy and desertion given by his wife is false.

There is no provision for women commission to register FIR, hence need not worry about it.

The bigamy and desertion offences have to proved by her and not your friend.  
The matter can be challenged in the court only because the women welfare commission will not listen to men.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0

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