Divorce under Muslim Law
I am shahzad from Jamshedpur, Jharkhand. My marriage took place in September 2009. It was a counter marriage as my sister was married to my wife's maternal uncle. Our marriage was not good and after sometime my wife went to her mother's place and my sister was send back to our house. In 2013 , a local committee settled the matter between us, and in 2014 when I came from abroad I bring back my wife to my home. But when my sister’s husband came , my wife tried to instigate him against my sister, he went away without taking my sister. Next day my wife further instigated him against my sister which my sister heard and there was a fight between the two and my wife called her relatives, her relatives came with some local gundas and created a scene outside my home and taken my wife while filing 498a and attempt to murder (302) case against me, my younger brother and my sister. when some one informed us that my wife filed case against me then next day my sister filed 498a case against his husband and relatives. My younger brother and sister was granted anticipatory bail. Investigating officer also granted me bail from police station .He prepared charge sheet in which he mentioned that since it was a double marriage and there is no dowry and attempt to murder case he accused only my sister, my wife and me for her fight and granted my wife bail too. He not accused any one of her relative or my sister's husband and my younger brother. Charge sheet and case diary are sent to court and no hearing yet. During this period many people from my wife side tried us to pressurized for compromise but we said its enough now, we will not compromise. On 2nd August 2016 , I was in Mumbai for job purpose, my sister with my father went to Patna, Bihar to attend a function in my elder sister's house. There my sister's husband with his relatives and other six people came to my elder sister's house and started fighting and pressurizing for compromise but my when my family never agreed for compromise after 1 hour fight they said ok, then what will be the solution now, my family said its better that ladies from both side will take khula ( divorce applied from wife in muslims). They agreed for this and it was decided when I will returned back both ladies will apply for khula. when my family arrived from patna, on 12 august 2016 we received a letter from biharshareef (my wife's native place ) mahila thana that my wife had filed some complain against my mother, my younger brother, elder sister and his husband, and we have to be available on mahila thana, biharshreef on 17.08.2016 to produce our facts against her complain. My sister written a letter to mahila thana describing each and every fact and saying that a case already going in jamshedpur, also send them duplicate copy of charge sheet of both side. \On 17.08.2016 my sister received a phone call from mahila thana biharshareef, in which the police officer pressurized her to come to biharshareef thana with me, she said my wife want to talk to me, she had not filed the case yet if I will not come she will file case and further take action. Some one told me that my wife’s family had a good relationship with DSP of Biharshareef ,from there she is trying to pressurize my family. How can she again file Fir against my family, when neither me nor any of our family member had a meeting or any telephonic conversation with her from 2 years. What to do now, if I am not willing to go to biharshareef mahila thana.
As per Section 160 of the Criminal Procedure Code, any police officer may compel the presence of any person in the police station for investigation purposes, and such summon shall be valid only if it is done in writing. Further it also provides that, the person, being a woman, who is to be summoned for such investigation to the police station must reside within the local limits of such police station. No woman shall be required to attend at any place other than the place at which such woman resides. Thus your sister and mother need not appear before the Mahila Thana Bihar Shareef. Further, you may institute criminal proceedings yourself, under Section 211 of the Indian Penal Code, which provides for False Charge of Offence Made with Intent to Injure. As per this section, any person who falsely accuses another person of committing a crime, and draws a charge for the same shall be imprisoned for a term which may extend to two years or with fine, or both.
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