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Wife deserted and filed case in Mahila Police Station-how to avoid FIR


06-Apr-2023 (In Divorce Law)
Sir, My wife deserted me 8 months back with my daughter who is 4 yrs old. She blocked all the numbers and the communication ways to get in touch. She was asked about her intention initially and she said she need time but she put a complaint against me in the Mahila Police Station on three points - 1. I have extra marital affairs - she produced photographs, and insists that I still have the affair with someone else. 2. I threatened to kill her 3. I mistreat my child and they are afraid of their safety. Mahila police called me and I attended all the meetings and nothing resulted. Referred to the Mediation Cell still no conclusion and the case is back to the Mahila Police Station. Now they call me and tells to cooperate else they will register FIR. My wife belongs to Northern State and in the past 8 months I have visited there 7 times to resolve the issue to no avail. Would request you to consider my case guide me appropriately. My requirement is how can I avoid FIR being registered
Answers (3)

Answer #1
893 votes
First of all the jurisdiction of criminal cases is the place where accused or respondent reside or personally work for gain hence if she files case in her parental residence place then you can reply police station that the jurisdiction is not proper hence her case may be rejected ....
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Answer #2
518 votes
Hello Sir,

You cannot avoid FIR from being registered if your wife insists on the same as it is her legal right. However you can take the initiative and file a NC in your nearest police station and can CC it to commissioner of Police. You can narrate your whole story in it and can state therein that you presume that your wife is going to file file FIR against you and your NC is just a precautionary step from your end intimation the police about her actions. This will not help you in getting escaped from the charges of FIR, but whenever the case is filed your NC will play as an important evidence from your side which will make your case strong and can easily help you in getting bail in case of Non bailable offences.

Hope this helps.

Regards,
Adv. Neha Rathore
B.Com.,LLB.,MBL

Answer #3
765 votes
hello,
sir your case seems sensitive and I am sure you have been through trouble not only financially but also mentally. i would suggest to to file an application for restitution of conjugal rights in family court. this would surely prove your innocence before the mahila mandal this very act will prove that all her allegations are false and bogus.
all the best

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