• Settlement case

Hi, I got married in 2015 , just after 3 days of my marriage I got to know that girl had many physical relationships before marriage she also accepted that she had physical relation with her brother in law when she was teenage ,I got shocked when I listened all this but being a middle class boy I gave her one chance thinking that she might be changed , so I got back to work as I work in Delhi , I left her in my parents house in UP. But one morning when my parents woke up they found that girl is not her bedroom , entire jewelry was missing and some cash as well , they called me and explained everything, letter on I found her FACEBOOK that she ran away with another boy ,we tried to file a case against the girl but nobody listened , but the problem is that now in 2018 she and her brother in laws always calls me and my father that whatever they spent in my marriage returned all the money and stuff , they have given few cash to their local police stations that’s why we are getting phone calls to settle all the thing ... I just want to know what could be best in this case ..Because they always threatening us that they are gonna file a case against dowry and send my parents to jail....please suggest ..we are afraid
Asked 5 years ago in Family Law
Religion: Hindu

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12 Answers

Hello,

You go ahead and file a NC in the police station for such threats being passed on you.

Also you may send a legal notice to them that if they continue with such threats then you will be constrained to initiate legal action.

Also, file a case of divorce on the ground of desertion and cruelty.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

you can give a complaint in advance before Police Authorities about her false threats and ask the authorities not to take any action on the false complaints filed by your wife. But the complaint must be issued to concerned Police Station House Officer and copies of the same are to be sent to higher Police Officials like Superintendent of Police, Deputy General of Police, Home Minister, Registrar of High Court etc.

Or you can file for divorce against your wife on the ground of cruelty. Staying away from the matrimonial house for as long as 3 months amounts to cruelty upon the husband. You can thus file for divorce against her. Alternatively you can also file a case for resumption of conjugal duties against her and the court would order her to return to her matrimonial home.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Best option is to file for divorce by mutual consent

2) return her stridhan

3) pay her lump sum amount as alimony

4) in event wife files false dowry harassment case file petition in HC seeking stay against arrest

5)please note that contested divorce cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
94684 Answers
7525 Consultations

5.0 on 5.0

1. After she had ran away from your house did you lodge any police complaint?

2.Is there any record/evidence that she had ran away from your house like filing divorce suit etc.?

3.If yes, then contest the cases if filed by your wife fittingly.

4. If there is no such record of her running away from your hous with articles and cash, lodge the police complaint now though it is very late.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Sir best would be if for some amount matter is settled and you get divorce give same and live peacefully.

Sir they wont be able to send you and your parents to jail even they file false case they have to prove same but there shall be legal hassles and lot of time shall be wasted instead take divorce mutually and move ahead in your life.

Donot be afraid be stern but try bargain amount and get divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you being a gentleman, gave her a new chance.

Secondly, I advice you to please record the saying of the wife as well as her new accompany.

Thirdly, try to save the same in messages also revealing that they have been troubled you for the money and once you give money then they won’t trouble you.

Fourhtly, once you have aaa these then file a police complaint gajnst then through Mazistrate complain provision/ section 156(3) read with 200 of Cr. P. C.

They all will be tackled by the same police then.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

hello

file a case of divorce in the family court. also, file an FIR against the BiL and the girl for blackmailing you, if the police do not lodge it then file a criminal complaint before a magistrate.then if they file a case against you you can obtain an arrest stay from the high court.

regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Best option at this stage is to file a suit for Restitution of Conjugal right as a sybolic affection, by which you have to defend dowry and maintenance case.If you have file any criminal case or divorce suit then she can file counter against you and your family.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

First tell us what is your take, you want to continue in this marriage or you want to put an end to things?

If you want to end this relationship, you have two options. First is to obtain a mutual consnet divorce which is fast and expeditious but you may have to pay some alimony to you wife in lieu of settlement. This is a great option in case you particularly want to move on in life. The second option is that you may contest a case of divorce against your wife on the ground of her extra marital affairs.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You need to file a case under section 156 subsection 3 in the court against the girl that she has left the matrimonial house after few days of marriage along with the jewellery and cash and now now she is threatening you that she will file cases.

You need to file a divorce case at the same time now now and later file the cases whatever she is looking for definitely police will investigate the matter and file the report to the court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

She can't send you jail don't be afraid ,for false dowry case you can file petition before hc for getting stay against arrest

mutual divorce is best remedy for you to live peacefull pay same alimony and return all his stridhan,( contested divorce take 5 years)

File complaint against her In advance before police

Collect proofs like call records and related to all false allegations may help you to defend

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Dear Querist

it will be better to settled the matter with them amicably otherwise ready for the legal battle.

she may file a domestic violence case against you and your family and claim protection, right to residence, monetary relief, and compensation under section 12, 18,19,20 & 22 of the Protection of women from domestic violence Act-2005.

she may file a maintenance case against you under section 125 of Cr.P.C. before the family Court and claim maintenance, in which 1/3 income of yours can be granted to her as maintenance.

she may also file a dowry demand/harassment case against you and your family under section 498A/406 of IPC in which you or your parents will not go to jail but tensed unnecessary.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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