Breach Of Trust And Harassment by the husband
23-Dec-2023 (In Criminal Law)
My sister is in us .her husband filed a divorce petition all of the sudden after 17 yrs of marital life and threatening her if she files any case against him or his family she has to face dire consequences. From india also we are receivinh threatening calls stating that they r having police and political support. Now we filed a complaint in police station and dcp. He referred the complaint to the required policestation CI. Now the oroblem is they are not filing Fir. What to do. Please suggest
Hi according your query you did not stated what type of complaint you have filed with dcp, and when ever if dcp refers to the concerned CI of police he has to file the fir and register the case for further queries you can contact us.
Hi
As a rule in matrimonial cases, police cannot register an FIR based on complaint till such time the counselling is complete.
Moreso since the supreme court has mandated (Effective October 2017)that henceforth all matrimonial complaints need to be referred to District legal services committee prior to registration of FIR, police might be waiting for the counselling to be complete.
So our guidance will be to ensure that the counselling is completed as early as possible.
As a rule in matrimonial cases, police cannot register an FIR based on complaint till such time the counselling is complete.
Moreso since the supreme court has mandated (Effective October 2017)that henceforth all matrimonial complaints need to be referred to District legal services committee prior to registration of FIR, police might be waiting for the counselling to be complete.
So our guidance will be to ensure that the counselling is completed as early as possible.
When the police not filing fir then you to approach higher police officials and second option is you are at liberty to file a private complaint before magistrate under 199 and 200 crpc then magistrate may order police to file fir do invistigation
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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