• Wife showing cruelty against me and my family

sir my is showing cruelty to me and my family she and here family is now sendind summon to us...saying we have demanded dowry...and sir we have not demannde for dowry it was a arranged marriage...my wife is living seprlty from me from last three month with here brother in Mumbai..without any dispute with me and my family.....sir suggest me can a court from mumbai can send sommens to us in delhi when marriage was happend in delhi...and it was arranged marriage....if my wife is having problem with me without any issue..she should come to delhi and go for any ilegal case here....i and my family always love here.....and sir without any proof can anyone can send sommen...and sir they dont have any proof that we have ever demmanded for dowry...as my family and me is always against dowry....suggest me legal advise what should we do in our defense....here family is showing cruelty to us.....my wife is living with here brother in mumbai without my and my family permission,also advice me procedure of sending sommen
Asked 3 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) if complaint is filed in mumbai court can send you summons to appear in court 

2) you have to contest dowry harassment case on merits . 

3) your wife will have to prove the allegations made in dowry harassment case . 

4) you will have to obtain bail in said proceedings . 

5) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
45424 Answers
2669 Consultations

5.0 on 5.0

1. A court can send summons within and aoutside India. 

2. If the summons have been sent then engage a lawyer to rebut the case of your wife.

3. The court will not believe her allegations on their face value. If she does not have any proof in support of her allegations then her case will be rejected by the court, but the stage of judicial determination has not arrived yet.

4. You are at liberty to file for divorce if you have been treated with cruelty by your wife.

5. You do not have to send summons to her. You are required to contest the case filed by her wherein the court has summoned you.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

You must enter appearance before the court at Mumbai if you have received summons. You can hire an advocate in Mumbai on your behalf. 

If you have evidence to prove that you did not demand dowry then fight the case on merits. But since this marriage seems to have been broken down it is advisable that you both file for mutual consent divorce and settle the terms of divorce mutually. 

You could also file for divorce case on the ground of desertion, cruelty etc against her in delhi.
Shaveta Sanghi
Advocate, Panchkula
866 Answers
64 Consultations

5.0 on 5.0

Dear Querist
in matrimonial dispute mere allegations are sufficient for registration of the case but the complaint will be registered before CAW cell and they issue notice for appearance and they will try to settle the matter between the parties.

apart from  this if she file any complaint before court u/s 200 of Cr.P.C then after taken cognizance the court may issue notice against the accused persons.

you may file an revision petition before appellate court against the summoning order issued by the Court.

you may contact personally or over the phone after getting my detail from the admin.

if you have any strong proof in your favour and against your wife then you may file a quashing petition before High Court u/s 482 of Cr.P.C.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

Hi, if you received the summons it is duty of you to attend the court and get the bail or else file an anticipatory bail and then only you can appear before the court.

2. You have one more option to you file a petition under section 482 of Criminal Procedure code before the Hon'ble High Court  and ask for the relief of quash the proceedings.

3. Burden always lies on them to prove that you have demanded the dowry and if the fail to prove the same then you will be acquitted for the offence.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1. What was the reason for your wife's leaving you?

2. Try to address the problem first,

3. wife can file case at the place where she is now residing except the complaint u/s498A,

4. If she files any case at Mumbai, you shall get Summons from the Mumbail court,

5. You can file an application before the supreme court praying for transferring the said case from mumbai to Delhi on valid grounds,

6. You can file divorce petition at Delhi on acceptable grounds for which the court will send her summons accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
18430 Answers
447 Consultations

5.0 on 5.0

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