MyNation Foundation Forum » Advice » 498A

  1. kurheamol
    Member

    Mr. Sanjay,
    im not sure about the FIR. i.e. has Police registered it or not?
    My wife ran from my house on 7th Mar 2011. I registered the missing complaint on same day and on 9th i went to Akola to register the same complaint. After i register the complaint they sent 2 constables at her residence and after which she reported her statement that she was beaten and other bla bla bla......then those police took her statement and sent the same to Women Protection Cell, Akola where I had been counselled. meanwhile i had filed the RCR in pune family court.

    On 13th June the Women Cell tried to compromise but it failed has she wanted to register the 498a against me and my family. During Counselling those womens cell officers thrashed her and her father for the allegations she made after finding the truth. I also informed the cell that it wont be possible for me to attain the further dates as nothing fruit full was happening. Also, inform them about the RCR, got the acknowledgement of them on the copies, submitted them the same.

    Since 13th June, i neither got call from her nor the Police nor the womens cell.

    What should be our step? I can file petition for quashing the FIR on the complaint no which was register with women Cell???/

    Pls help....

    Posted 6 years ago #
  2. advosanjay
    Member

    Any complain lodged with police/ women cell must be registered in CJM court of that jurisdiction. visit cjm court crosscheck with daily cause list of 3/5 days of probable date under complain. I think there is no FIR- it was jut information to police where your previous defense acts had worked i.e. missing complain;RCR .ur further presence at cell for concealing is also shows ur defense prudence. cell requirement is statutory so u can not/ should not avoid. My advice- if u think u can not reconcile with ur ragged wife than file AN INFORMATORY PETITION IN CJM COURT along with all documents.NO FIR NO QUASING.THX

    Posted 6 years ago #
  3. kurheamol
    Member

    Can i have the format for An Informatory Petition in CJM Court.

    How should it help us....i.e. in case in future if my wife tries to file 498A through Court as explained by Mr. Dsouza?

    Posted 6 years ago #
  4. Dr.Dsouza
    Member

    If you ar enot sure about FIR; why dont you file a RTI with Police to check the satus.even ist filled you can get more information for just 10/20 Rupees
    here is sample RTI http://mynation.net/docs/rti-to-police/

    Posted 6 years ago #
  5. kurheamol
    Member

    Can i send this RTI though registered Post.

    Also the sample RTI has the FIR no mentioned in the Subject Line. What we should mention in subjectline?

    Posted 6 years ago #
  6. Dr.Dsouza
    Member

  7. kurheamol
    Member

    On 30th Jun I got call from Women Cell, Akola for next date which is on 14th, 2 days later than the date in Pune Family Court (i.e on 12th July). Again this time they threaten me for 498A. Last time when we visited Women Cell they informed us that this matter will be solved in Court. Becoz my wife stated that she will file case against me in Akola.

    When i called back to seek the details the lady first avoided disclosing her name stating weather I would like to complaint against her.....later stating the wheather I dont have faith in her and so on....

    two days later I called the Counselor o konw the details that why I have been called as it was clear that the matter would be solved in court.. but even she was shock as their were no details mentioned in the case paper regarding the date. She further asked me to called the Police Constable who had called me giving me her Cell no.

    Now, as suggested I wrote the letters to SP, Women Cell and Home Minister (RR Patil) regardng the threatening calls from Police.

    Further what should be our steps.

    Looking forward for your continuous support.

    Posted 6 years ago #
  8. Dr.Dsouza
    Member

    You should know how to write very effective letters.

    here is the tip.
    THINK "Your concern is Women cell, and they threaten you. and you have to deal with that, so you will write a letter to higher authority."
    but what actually you are doing is.
    You dont write to higher authority at all, nor you are complaining against women cell, you write only one letter, addressing to higher Authority but posting it to Women cell. putting 3rd CC to women cell, 2nd CC to Women cell higher Authority 1st CC to Home minister

    Hope you got it what i said.
    if not i can explain in Hindi/Marathi/kannada/konkani/Tulu/Portugese

    Posted 6 years ago #
  9. kurheamol
    Member

    Well said.......Sir, I got it.

    I'm been threaten by the lady constables but the Counselor and the PI had every time exended their courtesy. So I wanted to report the same to their Director of the Women Cell along with the SP.

    What should have been the step....I mean to home I should have reported?

    Posted 6 years ago #
  10. Dr.Dsouza
    Member

    If You want to write then you can write, other wise just send same complaint letter as CC to Women Cell, so they will think you reported to higher authority about your mistreatment and you can also pretend you wrote to all by just adding CC to human rights/local MP/minister/president of india and all useless government of india authorities but no need to send to all

    so next time that Women constable will get constipation when you go there.

    Posted 6 years ago #
  11. kurheamol
    Member

    Today I received Notice from Family Court Akola through Police u/s 125 of CPRC, where my wife had claim the maintenance of 10,000/-.

    What should be our next steps?

    Can we go on quashing the 125 CPRC?
    the date to appear in Family Court, Akola is 13th June 2011. and whereas the date of Family COurt, Pune is 12th June.

    Looking forward for support.

    Posted 6 years ago #
  12. Dr.Dsouza
    Member

    quash 125 crPc......hummmm

    read this http://mynation.net/docs/if-case-ongoing/ [ <b>PREVENT INTERIM MAINTENANCE UNDER 125 CRPC IF CASE ONGOING IN HMA</b> ]

    but you can counter her maintenance demand with various other sources
    if she left her own
    if she is working or previously worked
    if she well educated
    find all judgements on http://mynation.net/docs/sitemap/

    Posted 6 years ago #

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