• Fake dowry case

My wife and her mother visited mahila police station and lodged fake complaint of dowry against me and my mother and harassment,domestic violence too.police called me and council ed once and gave 6 days time for mutual settlement.her family is not ready to talk.will police file fir on 6th day and can i apply for anticipat. bail for me n my mother.we do not have much proof against her , few audio found where her mother and other relative telling her wrong things but not about fake dowry.i have my bank ac stat. where proof of money transfer from my a/c to her mother a/c is there.can i file divorce also.I also visited local police station as her father beaten me and threaten me of fake case , on same day when she filed complaint against us, but police did not take my complaint and the i lodged online complaint.i have girl child(3 month) also and she is with her.
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) after FIR has been filed you can apply for and obtain AB from sessions court

2)if police have refused to register FIR on your complaint against FIL you can lodge private complaint with magistrate under section 156(3) of crpc direct police to investigate and submit report

3) you are at liberty to file for divorce .

4) burden of proof is on wife to prove her allegations of dowry harassment

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. If your marriage is not working then you can file divorce suit. There is no legal bar. In this situation there is no way you can continue this marriage.

2. If FIR is registered then you have to take bail which is easily allowed in this type of case.

3. If your wife agreed then you can make out of court settlement and apply for mutual divorce.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

As far as her false complaint with the Mahila police, if she is not agreeing for any compromise situation, it would be better you take AB for you and others who have been listed as accused in the FIR.

If the police is not taking any effective step to your complaint agaisnt her father and others, you may better approach the higher police official seeking its intervention and direction to the local police for taking proper action on your complaint or else you may approach judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to the local police to initiate proper legal action agaisnt the complaint filed by you and book the culprits.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. No body can say what the police will do after 6 datys since lot of things depend on the evidence your wife has submitted before the police in support of her allegation against you.

2. However, co-operate fully with the police and if they register a FIR against you and your family members, you shall have to avail anticipatory bail for all the accused.

3. Engage a local lawyer before hand for applying for and availing the said AB immediately after coming to kjown about the FIR No. from the police station.

4. You can file a divorce suit against her on the ground of cruelty. Please note that lodging or filing false complaint/case against the husband is also considered as cruelty on the part of the wife.

5. If her complaint is proved to be false before the Court, you can file a criminal complaint/case u/s211 of IPC against your wife for lodging/filing false complaint/case.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

As soon as the police files FIR and issues notice for appearance to you then all the accused persons named in the FIR should apply for anticipatory bail. The statement of accounts can be attached by you along with your bail petition to secure bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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