• False case of dowry

my wife has filed a false dowry case against me,, fir has also been lodged against me and my parents,we all have taken interim bail,, when all dis started I have a recording of her parents saying that they will file a dowry case against me ,, moreover in have proofs of having her extra marital relationship with. others,after knowing it I decided not to live with her anymore...I have a recording too that her parents were guilty of wat they did,, but did exactly opposite by lodging a false case against us..Secondly case is lodged from nagpur where wife and her parents reside, , I work in bank in gujrat, , my parents in rajasthan..so it is more difficult for us to cope with every hearing..pls suggest as to how to proceed,, as lawyer of mine is not able to provide me exact soultion
Asked 1 year ago in Family Law from Ahmedabad, Gujarat
Religion: Hindu
1) it is necessary to peruse the allegations made in FIR lodged by wife . 

2) if incidents of dowry harassment have been alleged to have happened in Nagpur wife can file case from nagpur . 

3) fight case on merits in Nagpur .

4) if you have evidence of her extra marital affairs file case for divorce o  grounds of adultery and mental cruelty 

5) you can rely upon recorded conversation between you and your wife in support of your case 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) if you were married in NOV 2014 you cannot file for divorce till Nov 2015 ie for period of 1 year . it can be filed only after expiry of 1 year from marriage except in exceptional circumstances 

2) if wife is working she wont get maintenance . gather evidence of her employment in another bank 

3)you have to pressurise her  to arrive at an amicable settlement . one way would be to file case of adultery against her boy friends . however she wont got to jail in adultery case as wife is regarded as victim 

4) you can file complaint of criminal defamation against your wife 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Hi,
1. What is the status of the case , is charge sheet filed ? 
Based on the evidence you have to approach the high court and file a Quash petition under 482 Cr.P.c ,to quash the FIR, submit before the court the evidence you have, the court will consider the evidence .The jurisdiction of the case is not something you can change now as the lady can lodge a FIR in her Parents place. Your Lawyer can file for  an exemption for you from the appearance once the charge is framed  till the evidence.

2. You can file a quash petition either after the FIR or after  the charge sheet is been filed by the police.Also your advocate should make sure that the Police have taken mandatory steps under the provisions of Cr.P.C before arrest in 498A ( if there was a haste in filing FIR and arrest ) as per the recent Supreme court ruling.The provision as per the sec.41 Cr.P.C are:-

“41A. Notice of appearance before
police officer.-(1) The police
officer shall, in all cases where
the arrest of a person is not
required under the provisions of
sub-section (1) of Section 41, issue
a notice directing the person
against whom a reasonable complaint
has been made, or credible
information has been received, or a
reasonable suspicion exists that he
has committed a cognizable offence,
to appear before him or at such
other place as may be specified in
the notice.
(2) Where such a notice is issued to
any person, it shall be the duty of
that person to comply with the terms
of the notice.
(3) Where such person complies and
continues to comply with the notice,
he shall not be arrested in respect
of the offence referred to in the
notice unless, for reasons to be
recorded, the police officer is of
the opinion that he ought to be
arrested.
(4) Where such person, at any time,
fails to comply with the terms of
the notice or is unwilling to
identify himself, the police officer
may, subject to such orders as may
have been passed by a competent
Court in this behalf, arrest him for
the offence mentioned in the
notice.”
(Section 41A as inserted by Section6 of the Code of Criminal Procedure (Amendment)Act, 2008(Act 5 of 2009),

Supreme court has further set down guidelines in CRIMINAL APPEAL NO. 1277 OF 2014
(@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013)
ARNESH KUMAR ..... APPELLANT
VERSUS
STATE OF BIHAR & ANR. .... RESPONDENTS

3. If you are called for statement after issuing a Notice  by the police you should provide the facts.
4. Since the FIR has filed under 498A it is necessary to either get it quashed or face the trial and get an acquittal. A settlement with wife if it costs much and beyond the affordable limit , you should try the way of defending your case and fight it out.
5. A divorce petition can be filed only after an year of separation on grounds of cruelty, if you can prove yourself innocent in the 498A , this itself will be aground  for filing divorce.

6.These days most FIR under 498A is turned out to be aimed to  harass and use pressure tactics on husband and family.So if you have a proof to show that the case is based on Flase and made up allegations of cruelty and dowry harassment,  If the facts are true as you stated there is a good chance you can get the FIR quashed, so get an advocate who can do it in the High court.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. You have taken bail already. So now it is not obligatory on your part to appear personally in the court on every hearing. Your lawyer's appearance will suffice.

2. The recordings which you have in your possession are a very potent weapon and can be used in the court.

3. It is surprising that your lawyer could not provide a solution to such a simple problem.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Since your wife is working she cannot get maintenance from you. If she seeks maintenance then you can contest her claim.

2. You are free to file for divorce on the basis of cruelty by your wife.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hello,
1) If they have filed a false dowry case and you are already on bail you don't need to be worried. Contest the case on merits.

2) The recording you have can become handy.

3) Unfortunately there's nothing you can do about the place where the case it's conducted. The lady can file a case where she is currently residing. The presence of you and your family won't be required on each date. Your Advocate can represent you on most dates.

4) As your wife is employed she is not eligible for a maintenance .

5) Thou can approach the High Court to get the false charges quashed.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
It is advisable to contest your dowry case on merits. if the incidence of dowry has taken place in Nagpur then the case can be field in Nagpur However if you are not able to travel everytime, it is advisable that you file a  transfer petition in the Supreme Court to get your case transferred to the State where your parents are residing so that it is easier for your parents to appear or you may get it transferred to Gujarat. that is to be filed through an advocate on record in the Supreme Court.

Further, since your wife is gainfully employed, court will not grant maintenance in her favour as she is capable of taking care of herself. Whatever recording or evidence you have against her for the offence of adultery, it is advisable that you file a divorce petition on the grounds of adultery and a case against her boyfriend for committing adultery knowing well that the girl is a married girl. 

If you have enough prove that the case is a false case, then provide all the evidence before the court and contest the case on merits. the court would then dismiss the said case.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. You shall have to approach a law firm at Gujrat who has presence or office at Nagpur where their Advocate can  attend to your case and report to his office at Gujrat to enable you to know about bthe developments,

2. Where did her father threaten you for which you have the recording"

3. You from your side can lodge a police complaint, at the place where her father had threatened you, against her father for threatening you with false dowry related complaint,

4. You shall have to contest all the cases filed and/or to be filed by her fittingly. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. She is not entitled to any maintenance since she is employed and can maintain herself,

2. You shall have to wait for completion of one year from the date of your marriage to file a divorce case wherein all these letters sent by her to your employer can be placed as evidence of her cruelty,

3. Meantime, if possible, negotiate with her and settle for mutual consent divorce by paying her some compensation and start afresh in life.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
her extra marital affair and filing of false case because her affairs had disclosed shall form strong basis for divorce. you should state before the court that after disclosure of affair she has filed this case. she can't claim alimony if divorce granted on her unchastity. chastity is the jewel of woman and when it infringed she will dis entitled to get maintenance ( 125 cr.p.c. & hindu adoption and maintenance act).  
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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