Hi all, I filed divorce case and in return wife filed false dowry case against me and my family. We were on bail but today my bail got cancelled as i couldn't present in court in Patna. My lawyer didn't informed me that I've to be present. Also my wife is mentally torturing my parents specially father. She filed attempt to rape case on him twice. Then she started going to my father's office and complained against him. She gave in written that my father was harassing her, raped her, beaten her etc. Due to this my father is not getting posted anywhere. He is a jobless govt employee without salary now. Me to lost my job twice bcz of her false dowry cases. Me too jobless now but she filed an affidavit that I am earning 2.5 lacs per month ans asked for 50k per month maintenance. After few hearings court ordered for 9000 per month. Frm where shall i give this? I was trying to get a good job but now bail is cancelled again I am at point zero. I doubt our lawyer is double crossing us. My divorce case is based on cruelty and on a doctor's prescription. What if doctor deny to come to court and deny to become our witness? Also I have lost the original prescription. only photo copy is there. 1.Wt should I do now? 2.Wt should my father do for his job? 3.Should We file defamation case or should we wait? 4.Can simple injuries (as mentioned in her medical report given in false dowry & violence case) which were made by her only on her hands be a ground for punishment? She can't prove other alligation made by her. Really I am now losing my cool and highly irritated.why all laws are for women only.
Your father should file case of defamation against your wife for maligning your reputation
2) appear in court tomorrow and apply for bail in dowry harassment case
3) file appeal against order of maintenance if you are unemployed
4) you have to prove allegations made in divorce petition
5) you need to examine doctor who has issued prescription
6) wife has to prove allegations of dowry harassment beyond reasonable doubt
1. first of all, make arrangements for your bail which is canceled,
2. NO ADVIISE
3. do not go for defamation, no use,
4. Yes, even her statement can hold you guilty,
thoughts from a quiet mind are dangerous than any weapon,
think peacefully,
you do not seem to be in the correct state of mind,
See all you need to do is to defend in court and to prove all allegations are false and fabricated.
All I could say is hire some good lawyer.
1. Do not worry. Surrender in the 498A case and you would be granted with bail once you seek bail on surrender.
2. Your father can challenge his suspension if without DP he las been benched. With the 498A case his service should not have been impacted.
3. File a case for damages.
4. This is not serious allegations at all and hence even after trial you would be acquitted of the offences. SO expedite the trial and for this file revision in high court.
5. if you have without employment right now then challenge the order of maintenance in higher court to modify the amount.
AND BEFORE FURTHER DAMAGE IS CAUSED , CHANGE YOUR PRESENT ADVOCATE.
1. See court may call the doctor to give his evidence in case he refuses the case may be weak also the court may send her summons and can call her.
2. See he can file a writ before high court challanging the order of his dismissal he can ask for posting pending the case.
3. You should wait till disposal of the case.
4. See she has to corroborate evidence along with medical report.
1) If you have little bit doubt on your lawyer kindly change the lawyer first.
2) You can fight easily false case raised against you and your family of 498a and domestic violence.
3) Your father has to prove that he had not touch her or looked at her by any dirty mind what she is thinking about your father, which she has filed twice rape case against him. If your father can prove that he is innocent and not culprits in any case so he can resume to his job and get income back.
4) After that ask your father to file defamation case against her.
5) Ask doctor to come as witness in the court that wife is telling as false.
First get your bail continued and warrant if any cancelled. You can call the witness only if you are sure he will depose in your favour. You can only file defamation case once your matter is over. You will be acquitted. If you are not satisfied with your lawyer change him. No by way of effective cross examination you can falsify her case. I can understand your problems but this time you need to keep patience.
Dear
It will be better if you opt for mutual consent divorce and go for a compromise because she will harass you even more through false cases.
Or collect some evidence that she is levelling false charges on you and your family.
You should wait for outcome of the cases before filing defamation cases.
Yes simple injuries also constitute cruelty but still burden of proof will be on her to prove allegations against you and your family.
Dear you have to be more careful dealing with your wife in future during my type of meetings.
Dont worry for the cancellation of bail as you can easily get bail Again if your advocate file Surrender cum bail application in court.
Hi
First of all be calm and cool...this or any other kind of battle can only be won with a calm mind. Getting irritated or frustrated is natural in any kind of court proceedings but try controlling yourself.
Now
1. Hire a good lawyer
2. Get the bail done again
3. Appear on all the court hearings
4. For the job of your father... any govt department cannot releave an employee from his job unless and untill he is held guilty in any criminal case. As per your description your father is under trial and not held guilty till now. So file application for rejoining the job in the higher authority or take shelter of court.
5. Defamation case will not be of any help to you. Gather proofs of your favour and concentrate on the pending cases.
6. Try taking the matter to Mutual Consent Divorce.
7. Simple injuries can lead to punishment. But max.6 months (depending upon nature of injury and way the advocate handles the situation).
8. If she can't prove the allegations made by her then keep cool.....you will be free soon.
All the best
appear in court and obtain immediately bail.
your father should File a writ petition in court for release of salary plus for payment of cost and interest.
your father can file defamation case.
Dear Querist
1. as you are not working and she filed an affidavit that your salary is 2.5 per month than she submit a false evidence or statement before the Court which comes under the preview of Perjury, file the criminal complaint immediately under section 340 read with section 195 of Cr.P.C. before the trial court.
challenged the trial court order by filing revision/appeal before the appropriate Court.
2. getting job is not a legal question.
3. you have to wait till the disposal of the case as at this stage the defamation case is not maintainable.
4. if you will fight the case with the help of an advocate who deals in the matrimonial criminal cases than you can win the case.
5. Change the counsel as there is lack of trust between you and your lawyer and fight the case on merit.
Feel Free to Call
1. First you apply for extension of AB and after that you may surrender before the concerned judicial magistrate court to get enlarged on regular bail.
You should not blame your lawyer for not informing you about this, since it is your case you only have to be in touch with your lawyer about this and should have made everything alright.
2. Your father should fight for his rights, if he was terminated from service then he may fight through CAT (if central government employee) or through SAT (if state government employee) or file a writ petition before high court if he was a private sector employee.
3. What is the reason that you will file a defamation cae, since you have been charged with criminal offences, first get the cases dismissed after which you may file a malicious prosecution case against police.
4. You can challenge the same during cross examining her while she is deposing witness before court in the trial proceedings.
