• False litigation

I am Aniket Verma (32 yrs), lives in Madan Giri, Delhi, (Graduate-NIIT, Job in Bosch Gurgaon: Rs 1.10 L/month). My father (52 yrs, dependent) & mom (50 yrs, H. wife), younger sister (23 yrs) has jus done graduation (unemployed). Parents’ home is on Loan. I married to Priyanka (28 yrs, BA in Mass Com, her last salary: Rs 28K/month: used to get salary in cash & no pancard record of last job). We got married in Oct-2015, blessed with baby boy in Mar-17 (7 months). 
We had some minor issues which occur in almost every family. But those were escalated as wife/her family started raising hand on me & abusing me/family. She used to leave home even after small issues. On 3-Jan-17, during her pregnancy after a small issue she not only raised hand on me but my parents/younger sis as well, this was only time when I responded with 1 slap against her 5 slaps. Then her parents came, raised hand on me, abused me/family. After this she left home wid her parents. Next day they came, her father & brother slapped me & threatened us to ruin our life by filing false Dowry case & DV. They abuse all of us like anything
On 4-Jan-17, bcoz of such threatening, my mom fell down in temple & seeing all this I tried to commit suicide. In Mar, we blessed wid baby boy. In Apr they filed false complaint of Dowry, DV, Unnatural Sex, Mental Harassment (despite we faced immense harassment). Until 17-Apr she & newly born baby stayed with her family only
In mediation center, police officer threatened all of us of bad result of Dowry & DV Case and ask us either to take wife back with us or should be ready for Jail, pay heavy maintenance for yrs (until the case concludes). So I agreed to stay with her in rented house @ Kapasheda close to my office (she wanted me to live separate). Its been 3 months we started living together & their complaint is still alive
I’ve grown up in immense poverty,I workd really hard to achieve this level but jus bcoz of their aggressive nature & our biased law v r facing such trouble. Trust me v live in tremendous pressure & I thank to God everyday when I talk to parents on phn that they r still alive
Plz suggest how can v save ourselves from false case & m I really bound to pay maintenance to wife as she is capable of doing job. I swear of my parents& God we never demanded even single peny from them neither I ever raised hand on her except once when I had 5 slaps from her. Now they r pressuring my parents to transfer their property jointly on my & wife’s name 
They don’t want divorce for sure bt they want me to live as per their wish only, which has become impossible for us. Plz suggest what to do, as our lives become hell, her parents & IO abuse/ laugh on us that “This is India and laws r meant for women only so better to do things as we say”
 “PER HAR BAR HUM LADKE HI GALAT NAHI HOTE”
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

Hello,

I understand the fact that the law is biased towards the women but you always have a recourse.

You should have gone for FIR quashing at that instance.

You can file a divorce case on the ground of divorce, as not allowing the boy to live with the parents amounts to cruelty.

Also, you may leave her immediately and come to your parents house and file a reply and if subsequently case is filed by her then you can defend the case.

You will just have to spare sometime and money in order to defend the case. NOT EVERY THING IS AGAINST YOU.

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

Your parents should refuse to agree to their demands

2) under no circumstances should they transfer property in your and wife name

3) since you are staying in separate rented flat it would insulate your parents to some extent in case false dowry harassment case is filed against her

4) apply for and obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
98874 Answers
8043 Consultations

1. Well,mere mere capacity to earn is not a ground to avoid maintenance.

2. So if you can not show income of your wife she is entitled to maintenance which is around 1/4th of your income.

3.If you think this marriage fails then propose her to apply for mutual divorce for which you may will have to pay him one time settlement money.

Devajyoti Barman
Advocate, Kolkata
23567 Answers
533 Consultations

She can't compel you to abandon your parents and live with her in a separate accommodation. This is an unlawful demand and on this basis itself, you can obtain divorce from her.

Thus, you're advised to seek divorce from her on the above ground amongst others.

As regards to 498a, don't be wary of it even if the FIR is lodged. That's because 99% 498a cases result in acquittal of the accused within 4-5 years of lodging of the FIR. Moreover, there is no automatic arrest in such cases anymore. You'll be easily granted bail! Be assured.

Vibhanshu Srivastava
Advocate, Lucknow
9736 Answers
320 Consultations

Hello friend , you should have taken a legal advice much before when all these mediation process was goin on .. It is adviced to take a stand for your parents and for yourself .. The judicial system may be favourable for women but it is not biased .. Yhe things will get worse if you , scumb to her demands.. Let them file complaints , they will not be able to proove them in court .. Do not transfer the property in her name , and if possible record such conversations for court evidence .. She cannot claim maintanace from you as she is working and earning a decent salary ..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Yours is a situation which is abundantly prevalent in the country and the innocent men like you are the victims and sufferers.

The threats of IO should not have been taken seriously by you.

In the event of a FIR, you could have taken AB and challenged her false cases on merits.

The IO has power only till his police station, he cannot influence court or law beyond the police station, and in the police station also his duty is only to register FIR and submit charge sheet to court.

There is nothing that the laws favor women alone, it is common for all, you could have fought the same on merits instead of budging to the pressure.

Even now you can decide to divorce her if the situation is beyond tolerance and it will not be feasible to live with her anymore.

If she lodges a complaint once again then you may obtain AB and then challenge her cases in court properly,.

T Kalaiselvan
Advocate, Vellore
89072 Answers
2429 Consultations

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