Legal Question in Family Law in India
I have got a FIR registered against my sis-in-law, husband and in-laws in women cell nanakpura. After 3 months of follow-up they have finally registered my complaint yesterday. Please explain the process and the next steps that will follow. The IO told me that they will call me and some of witnesses next week to confirm that my husband and in-laws have abandoned me and i am forced to live with my parents for the last 1.7 years. My stridhan, furniture, clothes are at in-laws residence which they have not given bk and the mediation in women cell failed. SO i was forced to file a maintenance case and FIR. I have also filed DVA in civil court. Please tell me what action will Women cell take and what will be there next step..My husband has filed divorce case and is adamant on divorce.
3 Answers from Attorneys
as the f.i.r has been lodged, the accused persons would file an application for grant to anticipatory bail. an anticipatory bail is a pre arrest bail i.e. the accused persons would not be arrested and in the event of arrest they be released on bail. the i.o. would call you when he will get the notice from court to appear to oppose the bail and you may go to the court to oppose the bail.
you must insist upon the court to dispose off your domestic violence case as the same needs to be decided within 60 days and you can be granted the reliefs you seeking in that complaint.
Women Cell had to forward the report for registration as FIR. That has been done. The concerned Investigating officer after completing the investigation will file the requisite report - Charge Sheet / Challan before the court and the case will go on.
The police may file a report u/s 173 Cr. P. C. after investigation is completed. The accused may be tried in the court.
You may pursue your maintenance case and DVA application.