Wife filed false dowry case
I got married in Nov 2013 in rajasthan, My wife left my house in Feb 2014. We both are Govt bankers and we were banking at baroda. In March she took transfer to her parent place in Nagpur. from their she filed false police complaint in dowry against me, My parents and my uncle and aunty. She also filed other cases for maintenance, return of articles. we got regular bail from court in 498a. My wife and in laws was just after the marriage terrorizing me that they will file false dowry case against me. I have complaint for it in my nearby police station when we were living together. Till then I am just taking date from court. Now she has also filed divorce casE in the ground of cruelty. She has filed all four cases, I.e dowry, return of articles, harassment and divorce in four different courts in Nagpur to harass me. I am having a recording in which my father in law is accepting that he was terrorizing me that he will file false dowry case to pressurize me. What can I do now? They are harrasing me as I have to go again and again to Nagpur. Can I file any case against them also, so that they can also feel harassment by coming to other state.
Asked in Family Law from Ahmedabad, Gujarat
1) if you file any case thye will move transfer application to SC to transfer the case .
2) contest the cases filed by your wife on merits .
3) in divorce case you need not appear on each date . you can be represented by your lawyer
4) in respect of 498A case it may take over 5 years to be disposed of . courts generally give long dates on account of heavy backlog of cases
5) your lawyer can make application for your exemption from personal appearance in 498A case as you have to travel considerable distance for each court date
1. What you can do is produce the recording in the court and make the judge listen to it to prove your innocence. Since the cases have been filed against you the only option left with you is to contest the cases. The voice recording will go a long way to rebut the cases filed against you.
2. You cannot file any case at this stage, but once you are exonerated by the court then you may sue them for defamation.
3. Why are you going again and again to Nagpur when the presence of your lawyer is sufficient?
1. You can file a counter case of criminal intimidation against your wife and her father.
2. Try to transfer the cases in one city so consolidated hearing of all cases may happen.
3. Fight the cases on merit and do not succumb to their pressure.
4. Yes, file the counter case in Nagpur only.
file a RCR petition before family Court At Baroda where both of you was residing together, if there is any chance to live with her
fight the cases on merit with the help of lawyer, if you think that you are unable to fight the cases yourself.
Advocate, New Delhi
Can my mother and aunty can file a harrasment case against them? As I have proof in which her father is completely denying of asking dowry. As per Supreme court order also, now other than blood relation also can't be arrested, so can my aunty can file the case? As she is working and getting a salary of Rs.30000 and I am getting salary of Rs. 40000, can she ask for maintenance. And as I have been provided house by my bank and her bank also give her HRA or lease amount any one. Can she ask for house accommodation from me?
Asked 2 years ago
Yes, your aunty can file case u/s 506 IPC.
She is not entitled to maintenance.
No she can not ask for residence order either.
1) it is better you concentrate. Your energies in fighting cases filed by your wife rather than filing counter cases .you will end up spending substantial sum of money on legal fees and running around courts
2) wife will not be entitled to maintenance .working wife is not entitled to maintenance
3) your wife had right under domestic violence act to stay in her matrimonial home . If she seeks alternate accommodation draw attention of court to fact that she is getting house rent allowance from her employer
1. Your mother and aunt can file a case for domestic violence against her to seek protection against harassment and also compensation for the violence suffered by them.
2. It is wrong to say that SC has said other than blood relations nobody can be arrested.
3. She cannot seek maintenance or accommodation from you as she is earning on her own.
1. Your mother and Aunty can file DV case against your wife at Rajasthan or Baroda,
2. You shall have to contest the cases filed by her fittingly. There is no point in filing a petition to transfer the cases to your place since such prayer will not be allowed by the Supreme court,
3. After some time when the cases progress, you can file petitions to quash those cases before the High Court of the area where she has filed those cases,
4. You can file a writ petition before the High Court against police inaction since police has not taken any action against the complaint filed by you.
1. Your mother and Aunt can file a DV case against her as suggested in my earlier post,
2. As per latest Supreme court direction police will not make any arrest without investigation against any 498A complaint,
3. If she is employed and capable of maintaining herself, she is not entitled to any maintenance including seperate accomodation from you.