Legal Question in Family Law in India
Hello Sir,
Pretext: I got married about 2 years before and my wife had filed a dowry case on me and on my parents before 1.5 years and again she compromised with with me and agreed infrom of judge in court that me and my mother are responsible for dowry harrasement hence the case was closed.
Now before 3 months she had a quarrel with me and my parents. She left my house without our knowledge. So to be on the safer side we had registered a missing complaint on my wife.
As I have registered a missing complaint on my wife,police went to her mothers place and enquired about my wife to take the statement.
So my wife was there in my mother-in law place but she said to the police that she will not give any statement.
So we have escalated this issue to the commisioner,inspector general of police and homeminister through registered post that we have not received any update from police regarding the missing complaint.
Then we received a call from police asking for me to give the statement so I said to the police that I have given the complaint so police need to take the statement form them.
My questions are:
1.If they dont give the statement what will happen?
2.As neither me and my wife not willing to give any statement will the police sent this issue to the court?
IS there any way that my wife can registered again dowry harrasement case as once they had filed a case and the case was closed in court and if they file a case ,what are all the precautions which i need to take for me and for my family.
3.If they are not willing to give statement ,how do i escalate the issue?
Regards,
Suresh
3 Answers from Attorneys
Wrong step taken by u by giving missing complaint .Now I suggest to file application under restitution of conjugal rights if u want to reside with her .Withdraw the missing complaint and for more clarification u can contact m
police is calling you for the statement on the missing report. however, it is a good defence in your case that you registered a missing report. this may show the conduct of wife in case she goes for any false dowry harassment case.