1) apply for and obtain Anticipatory bail from sessions court in dowry harassment case

2) wait for filing of charge sheet then apply for discharge before trial court

3) you can rely upon audio recordings in your possession

4) also find transfer made to wife account to show you cared fir wife

First of all the evidence in connection to your relationship will be useful to establish the relation you had and your defence.

Secondly the wife has accused you of these offences onus is her to prove them right and provide proof to the effect.

Further if FIR registered and family committee report filed accordingly obtain Anticipatory bail.

Let police file charge sheet file a discharge application if in case discharge is not allowed file before the high court a quashing petition.

Further seek divorce on ground of cruelty and desertion as wife is not leaving together and demanding money.

Further there seem no chance of mutual divorce so you have to go for contested divorce only.

Further if case in investigating stage file bring these evidence before the investigating officer.

Simply go for the contested divorce and at the same time just change all the nominations to some one you like.

The pension benefits after the divorce will not be available to her and you need to inform the department and change the nominee for terminal benefits as well.

Let her file the cases as these would not hold such value in the dues of law as have filed after you filed divorce case.

She can get anything what she demands.

There is a way of giving alimony and monthly maintenance depending upon the life style of the wife, and on the facts that whether she works or not, it would be working in future or not.

It just not like that she wants and she would get it.

Her 498a and DV case may not be maintainable if challenged and fought properly and strongly./

It can be obviously seen that she is misusing the law in her favor, because there cannot be a dowry demand for such a small amount especially when you are a government servant with good salary and about to retire and also you have proof for having helped her with huge cash on earlier occasions.

You can fight her cases and also go ahead with the divorce case.

Please remember that it is a mere waste exercise to send online complaints to PM or CM on such issues, nobody will care for them

No issues out of this wedlock, she has 23 yrs male child. I had 2 children 23 nad 18 yrs stay with 1st wife.

If she is having 23 years old male child then how can she be just 32 years old, is she lying about her age with you?

Prove it and unearth her more such lies which will be favoring you in the legal cases.

1. You can lodge complaint of criminal intimidation and extortion against your wife and if the police refuses to lodge complaint then you can do so through court under section 156(3) crpc.

2. Then file a suit for divorce on the ground of mental cruelty and if your allegations are proved the court would dissolve the marriage.

3 However after divorce you liability to maintain her remains if she remains unmarried.

Dear Sir,

My answers are as follows:

Police not registered case on her when I approached explained, i posted letter by reg post, is it useful ?.

Ans: When police fail to register a case then Criminal Procedure Code says complaint to be sent to police by registered post and if they do not issue FIR then it is as an offense.

I also complained online to PM cell. I filed divorce case. 4 months later she filled 498, dvc, mc etc. Phone recordings of her brother with me saying as I gave 3 lks before marriage for her earlier son edu etc useful?

Ans: It proves that she is behind the money and blackmailing you.

I have evidences of nomination as she for pod ac and NPS as I showed care and as I credited 2 lks to her bank ac also.

Ans: It is fine, further evidence to trap her bad intentions.

You will get divorce on the ground of blackmailing and cruelty.

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There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872.Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 &The Muslim Women(Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.

A cursory reading of the entire gamut of Indian Laws regarding Divorce makes it clear broadly that the Divorce can be obtained by two ways:

• Divorce by Mutual Consent

• Contested Divorce

1. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.

2. Contested Divorce

As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.

ANNULMENT OF MARRIAGE:

Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case.

Once annulment is granted by the Indian Court, status of the parties remains as it was prior to the marriage.

VOID MARRIAGE:

There are certain form of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-

a) neither party has a spouse living at the time of the marriage

b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;

c) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

Time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible with in two to four weeks.

Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only bit of variation.

There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.

How to file divorce petition by mutual consent? What happens in the court?

The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.

After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

Can any one party withdraw the mutual consent petition after filing in the court? What will happen by that?

During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.

In such circumstances, the court grants no divorce decree.

What can the other partner do under such circumstances?

There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950.

In such a situation divorce can be granted only on certain specified grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.

Can the spouse consent for remarriage without getting divorce from existing partner?

Remarriage without getting divorce is a punishable offence with seven years imprisonment.

If either of the spouses is not heard for a long time, should the divorce be applied?

If there is proof of the absence of spouse without any information to the other spouse about his whereabouts for a continuous seven years period, a petition should be filed in this regard in the court.

When the divorced persons can remarry?

Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.

What are the costs involved in getting divorce by mutual consent?

If you hire an advocate, it will be somewhere from Rs 25,000 to Rs 75,000.

But if you get the documentation done by us and file on your own without a lawyer, the cost will be very very low. You will not have any problem in filing your petition with our guidance, and you will save a lot of money.

How much time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court?

It takes from six months to one year from the date of filing of the petition. It varies from case to case & place to place.

hello,

Challenge the FIR filed by her before the HC on the ground that the same has been filed as an outburst to the divorce case filed by you

Try and approach the HC at the earliest.

Get in touch with a local lawyer

have you obtained the bail?

Ques. i posted letter by reg post, is it useful ?

And. Yes, this is a handy evidence for you.

Ques. Phone recordings of her brother with me saying as I gave 3 lks before marriage for her earlier son edu etc useful?

And. Yes, this is helpful. It shows that it's not her who gave you some dowry, but it was you who was taking care f things even in her family.

What is your query. You can contest the divorce case in Court. False 498 A and DV cases don't hold waters in court and you will get acquitted.

Earlier it was not mandatory to refer complaint to FWC

Audio recordings are admissible in evidence

Your case is at what stage now?

Also the validity of the phone recording will be proved by means of a report from a forensic expert.

regards

Yes FWC is applicable now but since your case is of 2016 it wont be applicable in your case.

Now under SC guidelines before directing any action in 498a the case has to be reffered to FWC but it is not applicable in your case, it for cases registered after SC judgement,

First of all for the recording you can get an 65 B certificate from authority and present before the IO and when challenged before court can be sent for FSL by using there sample voice.

The complaint under section 498A of IPC lodged in the year 20-16 will not be sent to FWC at this stage if the charge sheet has been prepared and submitted to the court.

Voice recordings of telephone are not admissible in law especially the procedures of section 65B of Indian Evidence act is not observed.

You can prove the same in court through forensic report that it's their voice. Don't worry and contest the case on merits

Family members can give evidence in dowry harassment case and DV case

Dear Sir,

The electronics bases is acceptable in India now, please see the following link. Simply because they so no the court has discretionary power to rely upon such evidence. Nothing to bother. In India except family witnesses there will be no other evidence such of recordings, documentary. You must establish that the family witness is in hand in glove with your wife.

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https://www.google.co.in/search?source=hp&ei=b3jqWuiJJ4nfvAShhKuQDg&q=RECENT+TRENDS+IN+RECORDING+AND+ADMISSIBILITY+OF+EVIDENCE+TOPIC%3A-+APPRECIATION+OF+EVDIENCE+RECORDED+THROUGH+ELECTRONIC+MEDIA.+Prepared&oq=RECENT+TRENDS+IN+RECORDING+AND+ADMISSIBILITY+OF+EVIDENCE+TOPIC%3A-+APPRECIATION+OF+EVDIENCE+RECORDED+THROUGH+ELECTRONIC+MEDIA.+Prepared&gs_l=psy-ab.3...3818.3818.0.5297.3.2.0.0.0.0.0.0..1.0....0...1.2.64.psy-ab..2.1.181.6..35i39k1.181.syX54qqMcBg#

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RECENT TRENDS IN RECORDING AND ADMISSIBILITY

OF EVIDENCE

TOPIC:- APPRECIATION OF EVDIENCE RECORDED THROUGH

ELECTRONIC MEDIA.

If they are prosecution listed witnesses, there's no illegality in it.

To defend, the witnesses may be drilled properly during cross examination with appropriate questions to nullify their evidence.

the evidence of family members can be recorded and considered it is legal. firstly the deposition by family members can be examined by other side in cross examination.

Yes it is valid.