Legal Question in Criminal Law in India

I am a victim of Domestic Violence and Dowry harassment and after being subjected to mental & physical cruelty for 3 months I have filed written complaint to the police for Domestic Violence and Dowry Act against my husband & in-laws. Police accepted my application but did not file FIR till date instead they send us for counselling at Special cell for Women & Children-here counselling failed due to non-cooperation of husband and he insisted on divorce.
There after again I went to the police to file the FIR again this time they arranged for counselling with Mahila Dakshata Samiti attached to the police station.
There my husband agreed to live separately with me away from my in-laws within a period of one month. But he did not do so. Therefore police came in action & warned him that if he does not start living separately within 2 days they would file case against him under section 498(a) and would immediately arrest him. Fearing police action he immediately booked a rental flat by paying the token amount and promised police to complete the entire transaction within a week & shift to rental flat. But he did not complete the transaction as promised & instead he used that period to apply for Anticipatory Bail.
The Session court gave him Interim bail for 72 hours and appointed judge as a mediator. We have gone through 2 mediation sessions and now he told the judge that
he does not want to continue in marriage at the same time leveling false charges against me.
The public prosecutor (APP)- has given me the feel that during the next case hearing his interim bail is likely to be cancelled and matter will again go to the police station.
My all efforts for reconciliation to save my marriage have failed and my 1& half yr marriage is likely to break against my wishes.
I was hopeful that if we lived separately my marriage would survive but it is not happening. Please advise me what should be next legal plan of action to salvage my marriage or if not then what are the other legal options I have to bring him to book.
Requesting you to please advice in this matter.

Asked on 3/04/13, 2:53 am

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Instead of asking us , ask yourself what exactly you wish to do with your life with or without your life partner. What do you want ? I can only guide and advice you accordingly. You have lot of options under the law . .....................Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

Answered on 3/04/13, 5:52 am

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