Legal Question in Family Law in India
stop police to take any compl.
I have left my husband due to extreme harrasment, he always drinks and beats me. now I have launched police comp against him and I am staying in another city. I have taken all my ornaments and imp documents with me. I have decided for divorce, but it takes some time in court like 15 days.My prob is my husband has launch police compl. that my brother has taken ornaments .Now how can I tell police that I am filling for divorce and this is court matter
6 Answers from Attorneys
Re: stop police to take any compl.
he can file complaint but in absence of any proof the complaint will fall on him. u file another complaint for wrong and malicious prosecution
Re: stop police to take any compl.
Good thing is that you have filed complaint against your husband. I dont know what you have stated in your complaint but to me thats important to render any specific legal advice.
If you are a Hindu, you can take with you streedhan and anything that belongs to you only. You can clarify police in writing and also attach copy of your's complaint.
Re: stop police to take any compl.
The police complaint by your husband against your brother will not stand.
You should consider enforcement of your rights under the Domestic Violence Act and also under Section 498-A of IPC.
You are also entitled to maintenance, if you do not have any independent source of income.
You should give instances of beatings etc. in your complaint to the police; and inform the police about whatever you have brought; and also whatever it yet to be brought from your husband's house;
you are entitled to return of all your ornaments - given by your family or by him and his family - alongwith all your belongings, shaguns money, whatever constitute your istridhan.
Re: stop police to take any compl.
Can you please state what you have mentioned in the police complaint as to formulate some advice for you.
Re: stop police to take any compl.
You can tell the police that your brother has nothing to do with it and a false complaint has been filed against him by your husband and you have taken all streedhan etc with you and all the above facts.
Re: stop police to take any compl.
it is a wise step on part of your husband and by lodging the complaint he wants to extract the fact that you had taken your ornaments etc.Donot give any thing in writing admitting that ornaments are with you.You have to tackle the situation tactfully.Contact with details for any further action and advise.professional charges are applicable.
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