Please appear before the caw cell and participate in the investigation and settlement if any. You may leave the area anytime if you want to. There is no such thing that you can’t leave the area
False allegations
Dear all, This is a very current incident. My wife and her elder sister came to my home on 30th may after 1 month from her native. As she arrived her sister started misbehaving with my mother & sister and called PCR stating that we are not allow to enter them in house and created a issue. However we have a photograph showing they were sitting in my drawing room. Post to this she logged a complaint at CAW cell stating dowry allegations. This complete incident lead my family in mental trauma as they have created issue. Along with this she has also put allegations about my character that I am cheating on him. Now I am very depressed I can’t leave with this area. In this situation what should I do? Please guide
Asked 6 years ago in Family Law
Religion: Hindu
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17 Answers
Dear Sir, your family and your wife parents together sit and resolved your current problems, if not solved in that meeting you have to file counter complaint before police station by explained all your problems in detail by denied her allegations on you. All the best.
Burden of proof is upon wife to prove allegations made in dowry harassment case
2) in the event any FIR is filed apply for and obtain AB from sessions court
3) wait for filing of charge sheet
4) then based on legal advice file for quashing in HC
1. Firstly you should try to resolve and settle the issue, you can ask your wife to agree for mutual divorce and settle the issue, ask her to withdraw her complaint. The CAW cell will call you, you can go and talk about compromise as they are false allegations.
2. If FIR is registered obtain an Anticipatory bail from sessions court and record statement with the investogatin officer.
3. Further approach the high court for quashing as the FIR is false and hold no good in law further burden is on wife to prove the allegations.
1) Don't worry there they call you for compromise meeting to tell both of you.
2) How to remain polite in the family, live your family life happily etc.
3) If the meeting is not success, than she might raise FIR against you for Dowry case 498a and DV act against you and your family.
4) So before that you take any anticipatory bail of your whole family. Or file case against here for RCR.
If you have lost confidence in your marriage and have no hope that your relationship with your wife will ever improve, I will suggest you to go for a divorce.
On the other hand, if you believe that your wife's sister is to be blamed for all what happened and if you think your wife was brainwashed by her sister which led to the occurrence of the current episode, you are advised to reconcile this dispute amicably with your wife and inlaws.
Dear Client,
Such things are common in false domestic violence cases, All u need to procure evidence of threat, extortion, possibly recording through spy camera so that, you will be in safe side at the time of police investigation.
Also apply for anticipatory bail if FIR is filed.
Dear,
Right now you are in a deep trouble,because Indian law favor and support women
only.If you go to police then they can't lodge your complaint easily.So do several below things-
- collect evidences in your favor
- lodge a complaint to your nearest police station
- Hire local lawyer and consult with him and if police deny to lodge complaint then send complaint
copy through registered post and kept receipt
- file Restitution of Conjugal Rights
- In IPC there are so many sections regarding this issue,file case against these sections.
Hi
Collect all material proofs in support of your case and defeat their claim.
Take bail (as applicable) then start attaching their cases.
from now onwards have proofs of everything.
If possible, have CC cameras at your place.
Do not act in hurry and give them chance to take you to task.
Have patience.
Good Luck
Thanks to everyone for valuable advice. In addition to my question. Follow is my quire based on my investigation ( by consulting in law connected family) 1. They are try to file case of dowry, Adultery & harassment. 1 one of our common relative called us and informed my family regarding dowry case however they don’t have witnesses till time. 2 my wife got some old pics of my with my female friend and which was 5 year old and presenting it as Adultery ( as she always have doubt on my character and checks my mobile & laptop at regular basis) 3 harassment by me & my mother like all Indian in law my mother use to remind her of all of her duties and responsibilities against me. And she disrespect her for the same . And asked me to leave my parents several time, but I denied however we have not taken any physical action against her. In lieu of which we don’t have any physical relationships till time as she has doubt on me for my character and condition me to leave my parents. As his father is a well known politician he also extort us by reminding that he can do any things with my family. Please suggest how can I proceed in this situation.
Asked 6 years ago
No case of adultery can be filed by wife against her husband under section 497 of IPC
2) she can only file fir divorce on grounds of mental cruelty and adultery
3) difficult to prove adultery
4) if false dowry harassment case is filed apply for and obtain Anticipatory bail from sessions court
Sir the burden of proof is on her if she files such case further in India adultery is when you have affair or relationship with a married women and for that evidence is required. She cannot put adultery based on a photo graph.
Further in case of dowry she has to prove that there was a demand and harassment for dowry. If there is no such demand no evidence then it you cannot be accused of it.
In case the FIR is registered file a quashing petition before the high court.
Since for now try for settlement and mutual divorce so that you time is not wasted before different judicial forum proving her false allegations wrong.
It's advisable that you appear on the given date in the CAW cell proceedings and share your side of the story with them.
You should start gathering evidence available to you as well as from other sources, which can be used to falsify your wife's fictitious allegation made against you. Also, try to get wife's salary slip, if she is/was working and educational certificates. These things would help you greatly to defending yourself against the concorted allegations.
You cannot be charged for adultery by your wife, since such case can only be filed by husband on a married women, which is not the present case
Adultery is very difficult to prove in courts.
Moreover, getting divorce on grounds of just adultery with just a photo of you with a female is impossible, unti and unless it clearly shows that they're having intercourse, that too after marriage.
If FIR has been registered, you should apply for Anticipatory Bail. it is the release of a person on Bail, granted to him even before he is arrested. It allows a person to seek Bail if he/she anticipates an arrest by the law on the accusation of having committed a Non-Bailable offence.
When an Anticipatory Bail is filed, the opposing party is notified of the Bail application. The opposition party in return can file an application (with the help of a prosecutor) to contest the original application of Anticipatory Bail.
The Session Court and the High Court accept the application of Anticipatory Bail on the terms of looking at all the facts in light and studying the case in detail.
Participate in the investigation to avoid arrest. If you participate in the investigation, you cannot be arrested.
1) 5 year old pics will not be treated as evidence for adultery.
2) let her file dowry case no matter it should be proved in the court of law.
3) You can be put this as all facts from your side of the case.
Your wife's sister has no rights to stay in your house, you can ask her leave the house, if she does not, then you may give a police complaint about her trespass activity.
If your wife's behavior is in tolerable then you may decide to file a divorce case on the grounds of cruelty even if she is residing under the same roof with you.
On her complaint agaisnt you, better obtain AB and challenge her case in trial proceedings.
1. If she is trying to implicate you in any false dowry harassment case, better obtain AB and then challenge her false case properly.
2. She cannot file adultery case agaisnt you because there is no provision in law to lodge criminal complaint on adultery offence by a wife against her husband.
3. You can challenge all these false allegations during trial proceedings, hence for now you should take firm decision with calm and patient mind.