• Action against false dowry case

1. Hi. My wife has filed a false dowry case upon me n family which we r contesting in Patna. Ek needle tak nahi diya hai un logo ne na humne demand ki hai kabhi.In her FIR she has mentioned- "Shadi ke samay mere pita ne as gift 15 lac diye for making jewellery and addition 4 lac diye for a car. Shadi me alag se 30 lac kharch kiye." Agar iss statement ko sach manti hai court to Kya iss basis par un par case kiya ja sakta hai for giving dowry to us?
2. Few days back she fought with my father in my presence and next day she filed a harassment violence case on him.Not on me.She also got some injury in her leg by herself. She lives in house which is in my late grandmther's name.By mutual agreement among her children this house belongs to my father now.She does like this every time. She instigates us n then file a complain. she has also 
captures our belongings and 2 flats. Wt action can be taken against her?
3. When she was living with me in Delhi her behaviour was like same. always doubting & fighting. Defamed me everywhere by saying that I m already married n having 2 children and i cheated her distroyed her by marrying her. Now also she abuses n curses me and my family. Didn't even spare my married sisters. She stoles my parents clothes, put garbage in their premise. She does everythng to tourture them. Wt action can be taken against her?
4. For getting maintanance she has submitted false statement in court. I m jobless n living on my sister's n father's money. But she has mentioned that I m earning 2 lacs per month frm various sources. I was expecting that court will verify all her n mine statements n she ll be proven wrong. but nothing like this happened. Court assumed that an MBA graduate can't sit ideal for long time N granted 9000 per month to her applicable from July 2018. What can i do for her wrong statement submission? 
5. 2 years back When She was living with me she attacked me with knife. next time i slit my wrist.Cut mark is there on my shoulder n wrist. I also wrote a mail to delhi police commisioner but didn't post. That mail is still in my draft folder but few days back i opened that and creation date is changed after closing.I had written that mail on 25 Jan 2017. I hv pic of that. But now date in that mail is Aug 2018. can i use that pic as evidence?
TIll date I was in defensive mode but now I want to fight both dowry n divorce case aggressively. Kindly tell me various section n laws in detail under which she can be booked for cospiracy, false FIR, torture, capturing belongings, capturings our flats, offering me dowry, attacking me n my father, abusing and cursing my mother n sister, cursing me n my father to die, provoking me against my father on whatsapp chats, defaming me n my sister in colony for having illicit affairs. Kindly tell me all possibilities.
Asked 5 years ago in Family Law
Religion: Hindu

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9 Answers

1) file for divorce on grounds of mental cruelty 

 

2) wife abusing husband ,maligning his reputation amounts to mental cruelty 

 

3) also file case of criminal defamation against her under section 500 of IPC 

 

4) your father can file complaint against her before senior citizen tribunal seek orders to direct her to vacate portion of house in her possession and permanent injunction restraining her from disturbing his possession of house 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

HI,

First of all you are suggested to file Tax Eviction Petition and also case for giving dowry which was never demanded from you. You are also suggested to file case by your father to evict her from property and use of senior citizen act if applicable. You are also suggested to file cases through your mother and sisters as applicable for the criminal acts done by your wife. You need to challenge her statements and the order of court to next appellate court. The said draft of email can't be used as evidence. You are advised to be bold and fight the atrocities committed by her against you and your family members. The various cases that can be filed against her (as per your input) are criminal defamation, blackmailing, domestic violencee, theft, perjury etc.   

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. But in case you accept this then same will be held against you also and it is punishable for you too.

2. Father can take injunction against her from entering his house and further for the two flat she can be evicted. The father and mother can file complaint against her.

3. See you can file a divorce on ground of cruelty. Your mother can file case of domestic violence on her.

4. File Revision/appeal before the higher court challenging the order of lower court.

5. See for this injury you can lodge a police FIR along with picture of wound and medical records. See you need proof of things to prove in court in your case it would be better to take divorce and get seperated. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Nahi is basis pe nahi case kia ja sakta hai unpar. 

2. Record such instances and file a complaint against her. 

3. You can file a divorce against her on these grounds as such activities amounts to mental cruelty. 

4. You can file an appeal against the said order. Was it an ex parte order? 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You can file complaint for perjury, false FIR,  misuse of police machinery, defamation etc against her. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Daughter in law has no right to stay in in laws house, ask your father to file injunction and eviction suit agasint her. Or ask them to file application before collector under senior citizenship act.

File appeal against order.

You have not send that mail and filed FIR, now it`s garbage and of no use. Pics won`t prove that she only hurted you.

First of all, contest the case, prove her wrong and than you can prosecute her for filling false cases.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Dear client 

My suggestion is

First of all if she is currently living with you in your home Install the CCtV cameras in the house which are some sort of hidden cams in common areas and areas where she use to do daily work and torture your family. 

If not start recording her calls or messages she send you on whatsapp.

This is fair maintenance court has ordered as even if the husband is not doing anything it is his duty to provide maintenance to his wife and children.

Now if you want to fight against her then you should agree for the divorce in divorce case but keep delaying the proceeding for sometime and also show that you want to live with her. But if she wants divorce you can give her.

You should file a case against her and her family under dowry prohibition act for giving dowry to you as she agreed to it in her petition. 

And one of my suggestion is that some how try to get her back to your home if she is not living with you now by help of some panchayat or mediation and after that start recording the evidences against her with the help of hidden cameras .

After collecting these evidence you can file police complaint against her.  And police doesn't take action file criminal complaint in court for falsely implicating you in wrong cases and harassment by her. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can file divorce on ground of mental cruelty

Collect evidence to prove that you have neither demanded dowry or have taken it anytime.

you father can file a civil suit seeking injunction against your wife in respect of your property. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1.  Court will not take any action, you only have to take action for giving dowry, but it will backfire since it amounts to admission of taking dowry.

2. The property owner has to give her a notice to vacate the place.

3. If her attitude is not tolerable hen you may file a divorce case.

.4 You file a revision petition before high court and express the facts before high court and get it reduced based on the facts and documentary evidences in your support.

5. You cannot use that at this stage because you failed to take any action on the spot.

6. You can discuss with your advocate on all such further issues becasue it depends on the prevailing circumstances and the facts that can be ascertained only by local advocate

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

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