Why police file chalan pesh husband

787 votes

From the facts shared, it appears the investigation is incomplete because the husband’s correct overseas address has not been provided, due to which police may not have been able to complete service and file the challan. Your case can still proceed by taking appropriate legal steps to trace the accused and request further investigation or coercive process from the court. Please share the FIR number, sections, and current court stage for proper legal guidance

Advocate Pankaj Kumar LawRato

808 votes

You should immediately initiate appropriate legal proceedings to protect your rights and secure effective relief under the applicable laws. A private complaint may be filed before the competent Judicial Magistrate against your husband, parents-in-law, and any other family members who have actively participated in demanding dowry, subjecting you to cruelty, harassment, physical or mental abuse, or misappropriating your dowry articles and stridhan. The complaint should clearly narrate the incidents of harassment, unlawful demands, threats, and any acts of violence supported by available evidence such as messages, recordings, medical records, photographs, or witness statements. In addition to the criminal complaint, you should also initiate proceedings under the Protection of Women from Domestic Violence Act, 2005, seeking appropriate reliefs including protection orders, residence orders, monetary relief, maintenance, compensation for physical and mental agony, return of stridhan, and any other relief deemed just and proper by the Court. These proceedings are intended to provide immediate civil remedies and safeguard your right to live with dignity and security. Further, if there is a genuine apprehension of breach of peace, intimidation, or threats to your life and safety, appropriate proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) may also be initiated before the competent authority to prevent further harassment and ensure your protection. You should also seek appropriate interim relief from the competent Court to restrain your husband and father-in-law from alienating, transferring, selling, mortgaging, or creating any third-party interest in their immovable properties during the pendency of the proceedings. Where permissible under law and based on the facts of the case, appropriate orders may be sought to secure your financial claims by creating a charge over the property to ensure effective enforcement of maintenance, compensation, or any monetary relief that may ultimately be granted by the Court. Such legal measures would help safeguard your rights and prevent the respondents from defeating the execution of any future decree or order.

Advocate Jatinderveer Singh LawRato

641 votes

Senior Superintendent of Police (SSP) ko written representation dein. * Magistrate Court mein investigation jaldi complete karne aur challan pesh karne ke liye appropriate application move kar sakte hain. * Agar investigation mein anuchit delay ho raha hai, to High Court mein appropriate remedy (jaise direction for expeditious investigation) bhi li ja sakti hai.

Advocate Jasbir Singh LawRato

927 votes

I understand your concern. If a criminal case has been registered against the husband or his family, the fact that the husband is residing in Australia does not by itself mean that the police can simply ignore the case. At the same time, the exact procedure will depend on the sections invoked, the nature of the allegations and the stage of investigation. If the parents have deliberately withheld the husband's correct address or other details from the police, that may make service of notice or taking further steps against him difficult. However, the police can obtain his available details through the investigation and other official records. If he is abroad, the investigating agency may have to follow the appropriate procedure for securing his appearance, depending upon the circumstances. Mere non-appearance in India does not automatically establish guilt. If the FIR is against both the husband and his parents, the parents' case and the husband's case should also be considered separately. The fact that the husband allegedly blocked the wife after going to Australia may be relevant to the matrimonial dispute, but whether it constitutes a criminal offence will depend upon the specific allegations and evidence. Regarding your question about why the police have not produced the challan/charge-sheet, first find out whether the investigation is actually complete, whether the police have sought or obtained any extension of time, and whether the accused are appearing/cooperating in the investigation. The court can be approached for appropriate directions if there is an unexplained or deliberate delay in investigation. You should obtain a copy of the FIR, check the exact sections involved and ascertain the present status of the investigation from the concerned court/police station. Based on these documents, it can be determined whether the police are justified in not filing the challan yet and what remedy is available to the complainant.

Advocate Dinkar Jain LawRato