• False dowry, DV case

Sir I Rajesh.i got married in 8th jun 2019.after some days my wife started fighting with me and insulting me and my parents on small issues.now they always use to say give our money that we have spend Nd given you and leave my daughter.her brother mother all always says me that on small issues.i am threatened.they are creating mischief in society that we r harassing the girl always scold her.dont want to keep her with us.now I can feel that they want to have money from us.one day her mother said to give her 6-7lakhs Nd leave her daughter.what I do now I haven't done anything sir please help me .in future they may file false dowry.dc nd crpc 125.my question is what evidence should I start collecting against her to save myself.please please help me
Asked 6 years ago in Family Law
Religion: Hindu

4 answers received in 30 minutes.

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20 Answers

You can do anything. You can only take precautions only if any FIR is filed against you. You need to take anticipatory bail

Prashant Nayak
Advocate, Mumbai
34670 Answers
249 Consultations

Evidence they are to provide to prove their allegations. Not you. 

Issue notice to her father and mother to stop blackmailing and extortion of money through her daughter by levelling false allegations and also by threatening of false case. 

Do this before they actually file any case. 

See the developments. Inform the developments for further course of action.

If you sit idle and silent your in-laws will take advantage of your being scared.

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

To avoid maintenance you should file RCR petition first. 

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Safeguard yourself, your parents and your relatives and collect evidence:

This step basically involves recording your conversations with your wife. Just be polite and record all your conversations. This is essential as these recordings will help you prove the complaints she files against you as false and baseless. Try and record the threatening conversations wherein she is threatening you to file false complaints etc.

Basically, try and collect evidence that she is blackmailing you and physically as well as mentally torturing you.. 

Mohammed Mujeeb
Advocate, Hyderabad
19376 Answers
32 Consultations

Record all threats received by you 

 

2) install CCTV cameras in the living room of your flat 

 

3) audio recordings, messages exchanged with wife would help in proving that no dowry was demanded by you 

 

4) if false dowry harassment case is filed apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

Apply for and obtain Anticipatory  bail from sessions court in case false FIR is filed 

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

Maintenance depends upon your income, wife income, standard of living etc 

 

2) if there is substantial differences in your incomes you have to pay maintenance to your wife 

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

Even if you join low income job your liability to maintain wife will not vanish

Prashant Nayak
Advocate, Mumbai
34670 Answers
249 Consultations

Audio recordings are admissible in evidence 

 

2) court considers your last 3 years net income to determine maintenance 

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

Take some loan and show recovery. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

First of all arrange any other place for rent to show that after marriage you and your wife started living there in a rented accommodation under the pressure of your wife. 

Your parents should disowned you and your wife. 

You should file divorce petition against your wife in that show your rented house address. 

You needn't to join any other job. 

your wife is working or not? 

Tarun Budhiraja
Advocate, Rohtak
379 Answers

Audio recordings are admissible in a court of law as per our Indian Evidence Act and the IT Act. 

Mohammed Mujeeb
Advocate, Hyderabad
19376 Answers
32 Consultations

See firstly file a police NC stating that in-laws for are intimidating you daily for false cases and money, further keep proof to the effect that you have  not demanded or taken any dowry and there is no harassment. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can stay separately from your parents.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if she deserts you that is leaves you in that case maintenance can be contested otherwise she can claim same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Joining low income job is not good for you also, further audio recording may be used and bought on record before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You dont agree to pay her anything now since your marriage is hardly three months old and such allegations are  made only for the sake of extorting money from you.

Dont worry or be scared about their false criminal cases, you can challenge them after obtaining AB.

 

T Kalaiselvan
Advocate, Vellore
90191 Answers
2506 Consultations

You may obtain AB for them too if she is lodging false criminal complaints impleading them also as accused in her complaint and then challenge the same in the trial proceedings.

 

T Kalaiselvan
Advocate, Vellore
90191 Answers
2506 Consultations

Let she first apply for maintenance, yo can always refuse to pay any since she voluntarily abandoned the matrimonial home for the reasons known to her alone.

You may challenge the same on merits however the court may grant her up to 25% of your take home salary.

 

T Kalaiselvan
Advocate, Vellore
90191 Answers
2506 Consultations

It is her burden to prove your income with documentary evidences hence you dont have to go for a low income job for her sake.

 

T Kalaiselvan
Advocate, Vellore
90191 Answers
2506 Consultations

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