I got married in Dec 2016 in agra. My wife filed a case against me in Lucknow(her permanent residence) under section 12 of Hindu Marriage Act in January 2017. She pressurized me and my family to accept the charges but when we refused and decided to contest, she started asking for out of court settlement. In settlement she wanted to take money first and then sign settlement papers. We were not sure about her intentions so we asked to pay her settlement amount post closure of separation. She threatened to charge more allegations if we did not pay immediately. We wanted to settle but our lawyer suggested she could trap us by proving we are bribing her to hide our deficiencies. When she realized that we are not backing down, she filed a separate case under section 13i(a)(mental cruelty) after one year in January 2018 in Tis Hazari delhi where she made fresh allegations of dowry and physical violence along with references of Lucknow case. She changed aadhar address to submit as proof of residence. She did not stop still and in order to harass me she filed a separate complaint in CAW Kirti Nagar. She has submitted exaggerated list of gold items in Streedhan though she is already in possession of all jewellery. I have been informed that if i do not agree to the list provided, FIR will be filed against me. Can i do something to prove that the complaint in CAW should be cancelled or transferred back to Lucknow where original case belongs? Also, if she plans on robbing me and does not settle then will this FIR hamper my visa application of doing a job in other country ?
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1) if part of cause of action has arisen in kirti nagar then case can be filed by wife before CAW cell in kriti nagar
2) burdrn is upon wife to prove allegations made in complaint
3) if FIR is filed against you apply for and obtain AB from sessions court
4) FIR would affect your chances of obtaining visa for job abroad
See first of all in case there is settlement and FIR is quashed then it wont effect your visa but if the FIR is registered and case is lodged it will.
Sir if FIR is registered obtain anticipatory bail and instantly challenge it based on the false jurisdiction prefer petition before high court for quashing also contend that address change in adhaar was done to make false jurisdiction cases already pending before lucknow court.
Further settle the issue best in Interest i know you have to pay some amount her illogical demands but at the outset you will be free and lead life peacefully.
First of all, you do not need to pay her the entire alimony before signing for divorce by mutual consent. In mutual consent divorce cases, usually what amount is given in court during first motion and the remaining amount is given during second motion proceedings of divorce.
You do not have to agree that her exaggerated list of gold items in Streedhan is in your possession, as these statements can be used against you later and your wife may initiate legal proceedings to recover the same from you and to build a case for herself.
In case of FIR, you won't be arrested immediately as per recent Supreme Court judgment. You will receive a notice of arrest of 7 days from the police, then you'll have to file for anticipatory bail in sessions or high court.
If FIR is lodged against you, you would have to seek permission of the court before travelling abroad and it would hamper your future plans to an extent but you have an option to file a petition under section 482 CRPC for quashing of FIR and entire criminal proceedings against you as no prima facie criminal case is against you.
Regards.
Hello sir , a complaint cannot be filed twice of the similar nature ...It is advisable to file for quashing in th Delhi High court .. The cases may provide certain hinderence for visa application, as they are criminal in nature ... You may face difficulties till the final decision of case .. My advice is to settle for mutual consent divorce, if she agrees with a reasonable amount , as these cases tends to result in continuous mental harassment.. You can contact me for further legal assistance at my office in GURGAON.. Thank you
Hello,
The case filed against you in lucknow should be under section 12 of the domestic violence act.
After wards she filed a divorce petition in tis hazari court where she must have given the details of the DV Act case filed in lucknow.
Now a case has also been registered against you in kirti nagar.
She must have proof of the list of itemsof jewellery which she is claiming to be hers. If she does not have the proof anything she alleges can be countered in court. Now do you have the list of jewellery. If you have the same submit the list with the CAW cell.
A transfer application can be filed in he high court of delhi and all the cases can be ordered to be heard at lucknow. But why lucknow?are you a resident of lucknow??
Complain and FIR do have an adverse effect on your job as you can be summoned while you are out of the country and if an FIR is registered against you visa application can be denied.
So try to settle the matter as quickly as possible through mediation. If not then a transfer application in the delhi hc.
Regards
Dear Concern,
Please take note of the following -
1. You need to submit your statement in writing before the CAW cell explaining your stand. CAW Cell is a mediation cell and you are not bound to attend them if you are not interested in reconciliation.
2. You need to contest the court cases with your full might without any hesitation. Collect all the evidences against her and prove her wrong before the court. Do not bow down to her demands. Your advocate is right she may use it for her own benefits. Let things happens from the side of court.
3. If you wish then you can bring up a criminal case against her for criminal breach of trust stating that she has ran away with all the valuable articles of home like jewelry etc. However that is not advisable. Let her make as many false allegations as she can. The more she comes after you the better your stand will be before the court and easier will it be for you to get rid of her without paying any single penny.
This is court matter, have some patience and trust your advocate. Besides this, also do some research work (authentic research work by visiting library or by buying law books and not internet based one) and assist your advocate. I am sure your you will win this case.
My best wishes to you.
1. FIR will be filed if conciliation fails. Apply for AB after the FIR gets filed.
2. Pendency of a criminal case may result in impounding of passport if she sends a representation to this end to Regional Passport Officer.
3. A petition for FIR quashing can be filed in the HC depending on the allegations therein.
1. The steps taken by her is as per the standard operating procedure as advised by the lawyer of the wife to harass her husband for extracting money.
2. It is not understood as to why did she file an application u/s 12 of HMA.
3. However, you shall have to contest the cases filed by her fittingly and after some time she is expected to become tired.
4. At that time you can propose her to jointly file a mutual consent divorce petition on agreed terms and also with a mention that the DD in her favour for the payment of the agreed amount will be handed over to her at the Court on the last date of hearing the MCD before the Judge.
5. the said MCD will be decided within 6 & 1/2 months from the date of its filing.
Hello,
if the fir is lodged then the same will definitely hamper your job prospect in foreign countries.
if the FIR is lodged then immediately move to the HC for getting the FIR quashed.
Also pursue the matter in the CAW so that no FIR is lodged.
matter can not be transferred to Lucknow at this stage.
it is better that you settle the matter at the earliest
regards
1. if similar complaint is lodged in several police stations then bring this to the notice of the every police station so only FIR is registered.
2. Even if more than one complaint is lodged then also you can challenge the other one through quashing if the incidents alleged is same,
3. Do not succumb to her blackmailing tactics and if there are instances then lodge counter complaint as well against her. A case of extortion fits against her and her family members in the present circumstances.
The criminal complaint cannot be transferred from one police station of one state to another police station of another state.
During the pendency of a criminal case against you it may not be possible to travel abroad for employment purpose.
As a matter of fact you may agree to certain payment terms and file a MCD to settle the issues for ever
