Legal Question in Criminal Law in India
Regarding fir registration
Hi, Please be informed that I have registered a case of DVA and the hearing is next week. I am forced to live with my parents as my hubby and in-laws want to get rid of me. My hubby filed a divorce case and proceeding are on. I ahve now also filed a case with women cell and am requesting them to lodge an FIR against them. ALL my valuables, istridhan, furniture, clothes are at my in-laws. I do not want a divorce and also want to recover my items. 4 hearing have passed in women cell but my husband came only once and avoids coming to women cell. I have requested women cell again to take a strict action againts them..please tell me how much time will women cell take to lodge FIR. Is there a way to expediate the process. I have already wasted a lot of time. The first hearing of domestic violence is on 2/7/09
6 Answers from Attorneys
Re: Regarding fir registration
in case you have already lodged a complaint under domestic violence act with the local magistrate or protection officer, in that situation, you can seek residence orders and you are free to stay with your husband at his house or the house of inlaws where you have stayed during your stay with husband. you can also seek orders for return of stridhan and compensation for mental agony and harassment caused to you. domestic violence complaint would work better than the complaint to women cell.
Re: Regarding fir registration
You can request the women cell to file the FIR.
Re: Regarding fir registration
you should lodged a complaint under domestic violence act with the local magistrate or protection officer and then court will order for residence orders and then you will be able to stay with your husband at his house or the house of inlaws where you have stayed during your stay with husband. you should also prayed in DVA application to get your stridhan and compensation for mental agony and harassment caused to you. domestic violence complaint would work better than the complaint to women cell. You may also file a private complaint to register the case u/s 498-A etc.
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Re: Regarding fir registration
no time frame is fixed for the action or registration of FIR in such cases
Re: Regarding fir registration
Difficult to guess about time required by women cell.
If women cell or police are not taking action on your complaint, you can approach superior police official like SP or Commissioner and thereafter concerned Magistrate.
Re: Regarding fir registration
The women cell ought to have registered FIR by now. You may seek court intervention if the police keeps delaying further action.
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