Dear,
After reading your issue, i can suggest you following things-
- Collect as many pieces of evidence as possible
- Safeguard your Family
- Complaint about blackmailing, false allegations in nearest police station.
- wait for the order of court.
After getting divorce on mental cruelty in 2005 from delhi , still dowry case is pending
After getting divorce on mental cruelty in 2005 from delhi which was filed by husband , still dowry case is pending in another district court noida which was filed by wife . Husband family is struggling since last 12 years after the divorce , dowry court proceedings in noida are very slow , inspite of getting date every month from noida court , still evidence of wife side could not be completed . 1) There were only 5 witness from wife side , 1) father 2) mother 3) 2 father friend 4) police IO 5) MLC doctor of pvt hospital . On these two witness (DOctor and one friend ) are no more . Mother has denied to come at court . Only 3 witness(wife , father , one family friend ) came for their statement during the period 12 years. There was no independend witness taken in FIR , There is no neighbours witness in FIR where wife was living separately . Police investigation officer not record any statement of neighbours as this was not in favor for wife . 2) There was no police intimation at the time of MLC by doctor , no patient signature and no age sex mentioned of patient in MLC report . Only one c.m. swelling sign shown on upper lip in MLC and one small injury on left soulder has shown . There was no X ray report or face report shown along with MLC to confirm the injury . All was nexus with pvt doctor .False report prepared by giving some money . While living sepertely , I just went to wife rental home to take my IGNOU (MCA) admit card for appearing in my MCA EXAM in 2005 along with her landlord becuase me was living in boys hostel with only one briefcase items as she has taken all household item , my clothes , everything except of my 3-4 pairs of my clothes to their rental home noida near by her parental home inspite of she was working in delhi Indus ind bank . On that day she lodged a one FIR after 2 days along with one MLC report of same day . 3) Husband and wife were living seperately before lodged FIR ( husband was living in Boys hostel and wife was living in matriminiaol house taken by her near to her parents 4) Wife also has given her concent in written by putting her false allegation due to misunderstanding before the lodged FIR 5) Only based on 2 telegram and one false MLC report , she lodged an FIR , inspite living seperately before 2 years Now i am very sure , i will be also win from this dowry case BUT after so much harrsing by court proceedings thats was unpredictable . Opposite party Evidence making this delay deliberately just to more harrasing me . What should i do , 1) when court proceedings are very slow . my Noida lawyer is also not so good inspite of so much delay procedures from court . I have changed already 2 lawyer , as opposite party taking in his confidence just to make harras me and make more delay this case . 2) Is their any procedure in our Laws , after proved false dowry case , husband can fiiled against on wife family for this lodged false dowry case and mental torcher
Asked 6 years ago in Criminal Law
Religion: Hindu
7 Answers
if you are acquitted you can file suit for damages on account of malicious prosecution
2) you can also file complaint of criminal defamation against wife after acquittal
3) you can file petition in HC seek expedited hearing of dowry harassment case
1. File a petition before high court for direction to expedite the matter hire a good lawyer for trial court so that the proceeding can be taken up fast.
2. Yes if your acquitted out of proceeding you can file a civil suit for damages against wife for malicious prosecution and damage to reputation with intent to harass the husband.
Also malicious prosecution attract criminal liability under section 211 ipc along with 499 ipc for defamation .
Hey, u can do one thing, just get all the papers along with copy of divorce order and chalenge the same in allahabad high court you will get a better relief and will relieve u from all the harassment.
1. Well, unfortunately criminal trial in India takes lot of time which is happening with even the high profile cases as well.
2. However your personal attendance on each date in not necessary.
3. Moreover you can expedite the case which is legal and constitutional right of every under-trial and hence if you file a revision in the high court, the high court for sure would direct the trial court for a speedy trial so the trial ends within specified time limit directed by high court. The time limit set by the high court varies between 3-12 months.
4. After acquittal you can file civil suit for damages against malicious prosecution.
In this scenario you may approach the high court under section 482 of the code of criminal procedure for quashing of the legal proceeding initiated by your wife under Domestic Violence Act. The High Court has inherent power under section 482 to quash lame proceeding which has been installed by the complainant. If a criminal proceeding taking inordinate delay on the part of fault of complainant then the high court can quash the proceeding under section 482. There is 12 years have passed and evidence of project question is still incomplete then it is a fit case for quashing under section 482.
You can file a petition for expeditious trial before high court.
You can also try the option of filing quash petition owing to the inordinate delay in the trial court.
