Legal Question in Family Law in India
Family law and file FIR.
Sir,
I am a lady from Kolkata , my father- in- law and husband
house at Bhubaneswar, orissa.
Due to dowry torture I have
been forced to stay at my parents house , my husband also came here and torture me and my parents for dowry and it is a continious process .
When I went to the local police station at kolkata to file
a FIR u/s 498a , they refused to take the FIR and asked me
to file it in Bhubaneswar . They only want to take it
as a general diary and returned me back . They further
advised me to file a case in
the court u/s 156(3), instead of
filing an FIR and if court order to investigate , then asked me to prepared with money to bear all expenses
of the police team to go orissa
for investigation such as travel
expense, car rent , hotel rent, fooding etc. also ask me to
accompany with them to help
in investigation. Sir, is it the rule
or further turture ? Wheather a
woman can lose its fundamental right to file a FIR?
8 Answers from Attorneys
Re: Family law and file FIR.
It is not your duty to bear the expenses of police to investigate the matter.some body has misguide you.You file a case u/s.156(3)cr.p.c. in magistrate court.
Re: Family law and file FIR.
The law says that once you file an FIR u/s498A, the police is bound to take action for investigation. However, as you must be aware, in practical terms, the police try to create problems.
The best remedy for you will be to file the FIR as GD, and then move an application u/s156(3) before a magistrate for direction upon police to investigate withina time bound programme.
The diffivulty is even with the magistrate's order, unless you follow up with police they may not take any action.
Re: Family law and file FIR.
good morning
it seems that you have been misguided/advised wrongly. you are not supposed to pay any expenses regarding the police investigation
Re: Family law and file FIR.
You have every right to lodge the FIR in the concerned police station.
As your husband had tortured you in Bhubaneswer than you have legal right to complain in Bhubneswer as cause of actio accured here. If the police is not accepting your complaint than you may file compaint case in this regards in the court. Further note, you need not pay any thing to police because it is court who will decide this issue. For further query contact me.
Re: Family law and file FIR.
You have every right to lodge the FIR in the concerned police station.
As your husband had tortured you in Bhubaneswer than you have legal right to complain in Bhubneswer as cause of actio accured here. If the police is accepting you complain than you may file compaint case in this regards. Further note, you need not pay any thing to police because it is court who will decide this issue. For further query contact me.
Re: Family law and file FIR.
you may file an f.i.r. u/s 498a but before that try the option of making a complaint to crime against women cell so that the husband and in laws come to kol and compromise with you. in case you want them to be arrested, then you will have to be present in orissa to identify them, in case the police officials insist on you accompanying them along, you may refuse and say that you would identify them in orissa by going on your own.
Re: Family law and file FIR.
you are entitled to lodge an FIR. You may send your application by post addressed to the SUPERINTENDENT OF POLICE and the STATION HOUSE OFFICER of the area concerned. You are not required to meet any expenditure of investigation like travel, hotel etc. NO NO. You may also send a copy of your application, after it is send to the police, to the local news paper office or any reporter for further help. You may also approach the local LEGAL SERVICES AUTHORITY for free legal help if you cannot afford services of an Advocate.
Re: Family law and file FIR.
first of all write down your all greivances and then send it to your area ACP and commissioner of police. if they dont give response in 1-2 weeks then move to court under 156 (3)
you need not to give any expenses for police investigations.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
