• False 498a complaint

Hi All Respected Lawyers,

I have a very weird scenario. I am an NRI and got engaged to this girl in June, 2014. Marriage got fixed in Feb, 2015. On 14th Aug, 2014 I did a registered marriage with this girl in order to initiate her VISA for Australia. But even after that, I continued working from Pune and she continued staying with her parents in Delhi since neither parties considered registered marriage as a proper ritual marriage. I was supposed to fly back to Australia in October, 2014 and 1 day before, we got to know a shocking fact about girl and her family. Over the next few days, few more shocking revelations came in front of us due to which we called off the marriage which was fixed for Feb, 2015. Then started their threats of false 498a and their demands for money. We said NO to their demands and they filed a false complaint in Women Cell, Kirti Nagar, New Delhi where girl alleged she stayed with me for 2 months at our Delhi house and shared bed with me whereas I was working out of Pune Office of Tech Mahindra.

Now could anyone of you please tell me how strong is false case of that girl. No dowry ever exchanged, never stayed together so marriage never got consummated. How much will I need to pay her as maintenance or alimony that too after her filing a false case against me. Please throw some light. Also respected lawyers from Delhi, please share your mail id's or contact numbers as I need to hire a lawyer soon. Thanks in advance

Cheers
Asked 1 year ago in Criminal Law from Australia
Religion: Sikh
Registration of marriage shall be considered as valid marriage. 
As far as complaint under section 498A , IPC is considered, a  Police Officer of senior rank (DCP) after going through the complaint authorises registration of FIR. Since the girl did not stay with you for which you have strong evidence in your favour, the charges of 498A are difficult to prove. A complaint under Dowry Prohibition Act can also be filed against you  for demanding dowry, which is again a serious offence. 
whenever a complaint is filed you have to contest it on merit and there is no alternative or a short cut. You can apply for anticipatory bail . If you are in Australia, a complaint in India could cause you some unpleasantness. 
If the girl family is ready to settle the matter and is demanding some money go ahead and link it with mutual consent divorce petition. .   
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
Dear Querist
Where the Marriage is registered?

If on that dates when she alleged to live with you, you are not in Delhi/Your Home and you have documentary proof of the same then her case will be weak and she will loose her case.

if she is unable to maintain herself and there is no sufficient reason to left your company then only she can claim maintenance otherwise not. if she is unable to maintain herself then 1/3 of your income can be granted as maintenance.

you can get my detail from admin, I am from Delhi and fighting the family matters.
 
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
If you have sufficient evidence which can prove that you were working in Pune then you have a strong case. Further, a brief report from your HR stating that you were employed at Pune office can also be a good evidence in your favour and we suggest you should annex it along with the criminal compliant at Women Cell. 
As per the various judgement of Supreme Court and High Court, if she files false case against you, then she will not be liable for any maintenance and alimony.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. Well, the 498A case surely does not have any merit at all but the predicament is you have to wait till the completion of trial to prove your innocence which takes time.

2. If you have unimpeachable evidence to show that you never went to Delhi during that time or did not stay with her at all then you can file case foe quashing.
3.Yes, since the lady is your legally wedded wife she is entitled to maintenance @ 1/3 to 1/5th of your income in the vent she does not ern for herself.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1. Legally speaking your marriage came in existence on 14th Aug 2014. So she is your lawfully wedded wife having all the rights which are available to a wife under the law of the land. 

2. The strength of the case has to be decided by the court and not any one of us. If she has filed a complaint then you should seek bail to avoid an arrest being made and then contest the case in the court. 

3. Her claim to alimony can be defeated by you if she is earning on her own. In the event that you are held liable to give her alimony it is for the court to decide what the amount should be. 

4. You are free to file for divorce on the ground of cruelty against her. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
section 498 A is punishable offence of cruelty and it does not require any dowry demand. In Anresh kumar vs state of bihar 2014, supreme court of india has held that no arrest can be made without prior permission of the court and court before giving permission should apply judicial mind and appreciate investigation report. So after this judgment case may be registered but accused shall not be arrested without having conclusive evidence in support of commencement of offence.
if the revealed facts may constitute ground for nullity of marriage under section 12 of HMA then husband shall not be liable to pay alimony. alimony is payable in valid marriage only.
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
1. The case would cause no problem to you and yes , you can apply for exemption from personal appearance of yours.
2.If she makes any unfounded allegations in the letter addressed to your employer, you may think of filing case fo defamation against her.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1. If the case is filed against you in India then it becomes irrelevant if you a permanent resident or citizen of Australia. The orders of an Indian court can be enforced anywhere in the world. So if a warrant is issued against you then you may be arrested from Australia and sent back to India to face the court. This may inevitably jeopardize your job and career in Australia. To preempt this you should immediately apply for bail lest the damage is done. 

2. The court can even on its own grant exemption to you. Exemption will not be a roadblock. Once exemption is given the presence of your lawyer in the court will suffice for all practical reasons.

3. She has the right to seek maintenance from you even if she is staying with her parents. However, you can contest her claim in the court. 

4. You can prosecute your brother-in-law for defamation for contacting your employer. 

5. Contact numbers can be obtained by opting for phone consultation through the  administrator. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Dear Querist

First of all you have to collect the collect the copy of complaint from CAW cell, after receiving the copy file a written reply of the same before CAW cell. section 205 of Cr.P.C. will be allowed by the court when the matter will start before court.

You may file a civil suit for defamation and claim damages against her before civil court.
you may click on talk to lawyer's name and pay the consultation fee, the admin will provide my detail to you.

 
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
You are in privileged position right now. you can't be compel to come India just on a letter from any person. there is proper procedure to secure attendance of accused before the court. According to section 105 of cr.p.c. court is bound to issue summon for your appearance in the court, that summon will be send to home ministry for serve in Australia. It will take more that a year to serve at your residential address. If it is served then you should avoid it. then court will issue warrant against you. it will again take a year or more to serve. you can easily delay any legal proceeding for more that 4-5 years at the stage of issuance of process.    
don't obey any letter or summon/warrant  issued from the court if it is not served by home ministry of India. 
alimony is given only if there is husband's fault. if revealed facts may constitute your marriage void then no question of alimony will arise.
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Once FIR is registered , Investigating officer would ask you to appear before him for investigation. A look  out circular might be issued against you, if you don't appear. As I suggested, if it is money the girl family is after, settle it by negotiations and a written settlement. 
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
1. You have registered your marriage with her and she is your wife now irrespective of whether you consider registered marriage as marriage or not,

2. It hardly matters to her legally if you call of the ceremonial marriage since in the eyes of law, you have already married to her and she is your wife,

3. It is very easy for her to exploit her advantageous legal position and blackmail you,

4. However, you shall have to file a annulment case on the bground that your consent for the marriage was obtained by suppressing certain facts and had those been known to you about her, you would have never given your consent to marry her,

5. You can also prove with evidence that you never stayed in your Delhi  house on the days claimed by her since you were at Pune at that time.

Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You shall have to contest all the cases filed or to be filed by her duly counter all the allegations levelled or to be levelled by her,

2. Meantime file the annulment petition as suggested in my earlier post,

3. You can certainly file an application u/s 205 of Cr.P.C. praying for an order dispensing your personal attendance since you stay abroad, 

4. Yes, you can file a case against her brother for levelling false allegation against you to malign and defame you and to cause harm to you.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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