My name is A K Sharma and living in Delhi NCR.I got married four years back which was love marriage without any dowry demand and It is done in Arya samaj mandir.then after one year our marriage was arranged by our parents.after the arrange marriage my wife's attitude and every thing has changed and she started to hurras me.she never go to her own home or even don't go my home also.when my father expired then also she didn't go with me.she now demand a good amount of money which I don't have.She also filled dowry and dv case against me in 2013 when I didn't hit her or most of the time she hit me.I have voice recording in which she told that she filled that case because of police adviced him.Now I filled divorce case against and started to live some where else.when she hit me a lot in which she also hit me on my private part as well due to that now I am under medical remediation. I want to know whether I can Also file criminal case against her on basis of this medical remediation or not because of she everyday send me message that she will send me in jail along with family. What I should do please suggest.As per my advocate I also submitted my application to sho and SSP as well regarding the same.How this application would help me if my wife file dowry and dv case against me and how long I would go in jail.
1. After you were physically hurt by your wife, you should have taken treatment from givt. Hospital and taken a certificate of your injury to that effect,
2. If you have done that and send police complaint under copy to the local SSP, file a petition under Order 39 Rule 1 & 2 praying for direction upon the police to investigate and act based on your complaint,
3. Police will act after receiving the Court order,
4. Contest the cases filed by her fittingly.
1. Apart from fighting the current cases on merit you should make strikes by way of counter cases.
2. On the basis of incidents you have mentioned you can file case of criminal nature like ones u/s 506, 384, 505 IPC.
3. Don't show any mercy and strikes hard.
4. File an application u/s 156 croc to ask magistrate take cognizance of the offences.
1) merely because your wife has filed domestic violence case you would not go to jail
2) just because your wife has claimed substantial sum of money from you court won't award her that amount
3) you have to contest domestic violence and dowry harassment case on. Merits
4) wife has to prove allegations made by her
5) if your wife constantly threatens you then you can file criminal complaint against her under section 506 of IPC for criminal intimidation
6) if you have been physically assaulted by your wife you can also file criminal complaint in this regard
Thanks for reply I had taken medical remediation from private hospital not govt.is there any impact of this on it?I have audio recording and whatsapp,messages of her cruality.can these evidence help in this regard?She is also trying to spoiled me on Facebook for illicite relations which I don't have ?
1. You can file a criminal case for assault and hurt against her as she hit you on your private part which required you to take medication.
2. Furthermore, you can file a complaint for criminal intimidation against her as she has threatened to have you jailed for a crime you did not commit.
3. Your advance intimation to SSP will demonstrate that you had in the past articulated your genuine fear of being implicated in false cases by her.
1. A medication from the private hospital can also be the basis of criminal proceedings against her. All the audio and video recordings along with whatsapp msgs can be used in the court against her.
2. You can prosecute her for defamation if she accuses you of illicit relations on FB. You may also restrain her from doing so by seeking injunction against her.
Yes, these are good proofs to substantiate your allegations against you wife. Go ahead with the case as advised above.
1) you can rely upon report of private hospital in support of your complaint
2) you can rely on what's app messages and audio recordings in support of your case
3) if your wife makes false allegations of extramarital affair it amounts to mental cruelty and is ground for divorce
1. Certificate of doctor of Private establishment is not acceptable to Court or police to file a FIR,
2. However, the said medical report and other evidence will be of use for proving her cruelty during the hearing of your divorce petition.
The electronic evidence or record held in your possession will speak for you and the same is admissible in law to corroborate your statement. .
The dowry harassment case and the domestic violence case by the wives against their husband to take revenge n them is very common these days but they die before the case is concluded because most to the cases lack evidence or are not properly prosecuted.
So challenge her case appropriately.
Dear Querist
You may file a complaint against her before court under section 193 of crpc read with section 200 of crpc as complaint case and also file an application under Section 156 ( 3 ) crpc for registration of FIR against her.
Fight the case on merit with the help of lawyer who is dealing with the family cases.
Now the jail is nit required in dowry demand cases. So need to worry. You can contact personally or over the phone after pay the consultation fee which is very nominal
