I got married in Dec 2017. She had stayed in the matrimonial home only for 9 days. And left after that in the same month with all gold and silver jewels of her and mine which she is now claiming as streedhan. After that my in-laws started threatening me n my family over dowry cases filing against us. She wrote various letters in my organization stating I'm impotent(I'm working in defence services that's why can't reveal my name and rank). As a result I filed for RCR in Mar 2018. Stilled she denied to come back. She filed for section 24 HMA. Then on Jul 2018 she filed a complaint in police station for dowry and domestic violence. For which me n my wife had a counseling by police in which she accepted for the jewellery she had taken with her and at present is in her parental home with her. As well as asked an alimony of 1 crore for divorce which was straight away denied by me. Later in Oct 2018 she n her father filed FIR at the same police station under section 498a n 406 ipc. In this FIR she had added a medical report of her teeth being broken which she never said or wrote before in any of her previous complaints to police and in my organization. Again I was called by the police during that time whatever cloths or items were left of her at my home, we have returned in the police station but still she n her father are writing letters to commissioner of police stating I have not given her full streedhan back and she did not took any jewellery from my home and its still with us (a straight lie).In the police investigation it was found that the medical report of teeth broken was of just few months back I.e may be of jul or Aug 2018 and me n my wife are not in any kind of contact from Dec 2017. Police found the FIR false and submitted the FR to court on 19 Feb 2019. On 20 Feb 2019 family court gave maintenance order of rupees 10 thousand per month on my petition of RCR, the very same day I withdrew my petition of RCR and filed for divorce on 11 Apr 2019. For which the next date is 25 Jul 2019. In the meanwhile she had filed a protest petition against FR in which she n her father had recorded their statements in court on 18 Apr 2019 as well as filed another petition under domestic violence law of 2005. For both of these the next court date is 13 May 2019. Her fathers image is very bad in their village, its arrogant, selfish, greedy, egoistic etc etc which is being told by various no of her relatives including her own n only younger uncle to us. So here below are my main points. 1. False medical report. 2. False 498a on me. 3. Taking away our gold worth 8 lakhs. 4. Defamatory letters in my organization. 5. I have call recordings of her, her father, her elder sister and her elder sister's threats of defaming me more, fiing false 498a, getting us arrested, not letting my two younger sister to get married, spoiling mine n my father's job. 6. She always manipulates her statement. So sir/ma'am please help me out in filing a counter case n how should I draft.
Dear Client,
ON given points, police has already submitted FR, so you are at winning position. Against the maintenance order, you should file appeal that she unable to prove any domestic violence and same held in police report, so she is not entitle to maintenance. Further, filing false cases valid ground of divorce.
File private complaint before magistrate under section 500 of IPC for criminal defamation for maligning your reputation
2) you should engage a local lawyer for drafting private complaint
3) enclose copy of defamatory letters sent to your organisation
You can file the counter FIR against her in same case by filing an application under section 340 crpc or wait till the said case is disposed by court and you are acquitted and after that pursue the same through private complaint
Firstly reply her DV case by filing reply to same denying allegation, it is being filed after more then 2 years when there is no contact at all, abuse of lae, false report filed, false medical report and produce recordings before the court as evidence.
Further once you are acquitted of all the cases file defamation case against her for false cases and ask damages for loss of reputation and further file a defamation complaint with the magistrate.
you can file suit for damages for all your harassment and reputation as well.
Dear Querist
if the FR filed by the police accepted by the court and the court closed the case based on that FR, you may file a criminal case for defamation U/s 499/500 of IPC and also may file a civil suit for malicious prosecution under tort before the civil court and claim damage and compensation for harming your reputation.
apart from the above, you may file a civil suit for injunction against her and her family members before the civil court and try to get restrain order against them.
For Drafting the cases, it will be better to contact an advocate.
Feel Free to Call
There is no strong grounds for filing counter cases as desired by you.
Since she has preferred an appeal against the closure of the complaint given by her,. you may have to wait for the results of that appeal as well.
Since the police have filed the closure report, you cannot even file a malicious prosecution case against police in this regard.
If she has filed the DV case you may have to appear before the court and deny her allegations by filing counter to her case.
You can follow up the divorce case properly since that will be the only defence for you for the present.
You can plan strategies to defend your interest against her false cases pending in various courts.
A protest petition must have been filed against the fr and hence youbshould file a Vakalatnama as an opposite party. If the court dismissed it....end of the case. But if the court directs the police to investigate and lodge an fir then file a petition for quashing the fir and arrest stay.
Also For domestic violence case file a reply enclosing all the call details the fact that she didn't stay for more than 9 days and all the other facts.
Pursue the divorce proceedings.
Regards
Dear Sir,
Also u/s 9 of CPC (law of torts), claim damages for loss of consortium.
