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Indian Law/Complaint in Women Cell by Husband


Hi Sir,

My wife is blackmailing me for filing Dowry case against myself and my family. I am living away from my family in order to protect them from any false acquisition by her.
Can I file any petition in Women Cell against her? I am afraid if I filed divorce case then she will file dowry case against all my family members and bring harm to them. It is impossible for me to live with her. Is there any way that I can file a case in court or in women cell to get protection for my family and myself?


The National Womens Cell was set up under the National Womens' Commission Act look after the grievances of women only.However, complaints may be lodged even by men but it must be related to grievances of women only like dowry,rape, sexual harassment etc.However, it does not register any complaint made by husbands against their wives because it is beyond its jurisdiction and for it court is the appropriate forum.However, to my knowledge there is no such bar for lodging a complaint by a husband against her wife to the Women's cell of the police because anybody can file a complaint before them.

In view of the above,if your wife has filed a complaint before the National Women's Commission or women cell of the police, please apply for anticipatory bail for you and your family. It is the legal right of any  wife to file a criminal complaint under section-498-A of IPC. Nobody could prevent her.Sometimes the said provision  is misused by ladies to unnecessarily harass their husband and their family. If your wife files it, you will have to defend the case in the court. Even if your wife files a criminal case against you, that will not prevent you from filing a petition for restitution of conjugal rights U/S 9, Hindu Marriages Act in the Family Court.You can also file a  Divorce case against her,in case it is impossible for you to live peacefully with her.Even if in such circumstances, your wife files a counter -allegation of dowry case against you and your family members,you have nothing to worry about because mere filing of a case does not mean you are guilty of the allegations made against you.Moreover,Commission will give opportunities for hearing to both the parties and will certainly listen to your defences.They sometimes try to settle the disputes between the husband and wife through counselling.

Further,as long as she has not registered a case, you are safe and in case she files a complaint,try to protect yourself by following the advices given above.However, please take all your decisions in consultation with a suitable lawyer to protect yourself.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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