My wife is threatening me from the beginning of my marriage 24 Jan 2015, that she will complain in police and put all family in jail and will take huge money and also sometimes threatens that she will commit suicide and put all family in jail. I was giving lot of money to her family members in cash and one time 51000 thousand has been transfered to her father's account in 2017. Now she is living away from me from 8 Nov 2018. when she was not returing to home than i filled a Section 9 case but in all the hearing she did not come. in between i sent a registery to SSP office that everytime my wife is threating me if i will not leave my parents she will file a wrong case. In May she filled a wrong case against me and my family under section 498A, 423, 506, 511, 376, 377, 307, 3 & 4. i don't have any proof to prove me and my family not guilty. Please guide me what to do now.
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burden of proof is upon prosecution to prove allegations beyond doubt
2) wife has to prove that you demanded dowry , that you had sex with her against call of nature , criminal intimidation
3) no case of rape is made out against you as she is your legally wedded wife
Sec 376, 307,423 will delete by police. To prove Sec 377, medical examination is must, And i don`t think she will do anus examination due to false allegations, this cahrge will also drop by police.
Do you have her msgs, call recording of threat of false cases, if have than best defense and also proof of money given to her and family.
Dowry demand and dowry given to you as per them shall be proved by bills and transactions.
File extortion complaint agasint them.
Hi
As a counter blast to the Sec.9 case you filed and the letter written by you to Registry to SSP office, she has filed case under all the above provisions.
Immediately take Bail.
Take the copies of her complaint, use the same against her in destroying her claims.
Further, have copy of your bank statement pertaining to transfer of Rs.51,000/- to your FIL.
Sec.3 & 4 allegations she needs to prove her claims. The other way round, you scan all the allegations made by her under said sections and use them to support your case.
Good Luck
You can take necessary steps.
You should arrange an agreement of tenant in that you can show that you and your wife were living separately from your parents
Alongwith that you can take a back date affidavit in the name of your parents and your parents will disown you and your wife in that affidavit from back date
1. Now FIR is registered. So only option is to file an application for bail which would be allowed in all likelihood.
2. Further proceeding with RCR has become fruitless. SO withdraw it and file a case for divorce.
3. The threats made so far and the complaint lodged with the police so long will help you to get decree of divorce.
4. there is nothing to worry about the criminal case once you receive the bail not much would be left the 498A case.
All you done is wrong. You can not keep someone's illegal demand fulfilled. In future consult with some lawyer before meeting out someone's illegal demand.
Let her file 100 false cases. You can not stop her from doing so.
All false allegations need to be proved. Deny all allegation as false and fabricated. You must engaged some criminal lawyer to defend you in court.
No other solutions.
If FiR is filed against you and your family then take anticipatory bail to secure from getting arrested. Later you move for quashing in this case in high court
Dear,
What are you and your lawyer waiting for, file divorce petition on the ground of cruelty,
threatening for suside, force you to live away from your parents.
Collect all the evidence against her.
She file case against you but how can she prove right in court.
Court will consider all the matters and drop false section against you.
Dear Sir,
Contest the all cases vigorously and prove with all evidences that you haven't taken or demanded any dowry from your in-laws or involved in any kind of domestic violence. You will come out clean. Engage a good criminal lawyer having experience dealing in 498A IPC and DV cases and proceed.
See firstly the burden of proof is on then to prove there allegations you just need to distort there facts.
Secondly you can apply for quashing before the high court and seek interim stay on trial and can try in quashing.
Assail this FIR that she has lodged against you and your family members in the High Court and try to get it quashed.
If the chargesheet has already been filed in this case, you have the option of challenging the Chargesheet before High Court.
First and foremost you should prefer an Application for Anticipatory Bail under Section 438 of CrPC before the District & Sessions Court. You should file the Application for Anticipatory Bail in the light of the Judgment (Arnesh Kumar v. State of Bihar). One you are granted Anticipatory bail you should prefer quashing petition under Section 482 of CrPC.
Since she has lodged criminal complaint against you, it is advisable that yo first obtain AB and then challenge all her false complaints properly in the trial proceedings on merits in your side.
Since it is false case it will not sustain till the end hence you dont have to be worried about it, you may engage a skilled advocate and get out of this problem peacefully.
Dear
You should tender the registry sent to SSP and RCR petition to IO of your case.
You should provide evidence of all the transfer from you to her family accounts.
And hire a criminal advocate to contest your case in court if outcome of investigation os against you and your family.
