1) you can contact any lawyer on this website for going through charge sheet and other evidence on record

2)make payment online for review of legal documents 

3) record father in law threats , install CCTV cameras in your house .

4) you should appear in court in MCD petition 

5) it is in your interest that all disputes be settled 

6) if your petition is dismissed then wife would file for divorce on grounds of mental cruelty 

7) earlier dismissal would not help you in contested divorce case

You can contact me for the same and share the same with me. I will give you detailed advice for the same

1. Avoiding conviction in this case would depend upon how strongly you put your defense and rely on the documentary evidences and merits in your side. 

2. He may try to implicate you in assault,  criminal intimidation,  mental abuse and any other crime based on the circumstances. 

3. If you don't want to give her divorce after having arrived at an amicable settlement and also have paid half amount,  now it is you who is breaching the conditions hence you may not be able to retrieve it.

4. No, because the MCD was dismissed due to your fault hence it may not come to your rescue to defend your interests. 

1. Yes. Share with me for further advice on this. 

2. Videograph the incident if she comes. 

3. No.

4. The MCD copy will not be of any help. 

Consult an advocate.  You seem to be misdirected. 

1. Chances of conviction depend on the evidence adduced before the court and what comes out in cross examination. It will be puerile on my part to say what are the chances without minutely examining what has come in evidence.

2. If you do not attend the proceedings of MCD petition then eventually after adjourning the matter once or twice, the court will dismiss the petition.

3. Dismissal order of MCD petition will have no consequences, favorable or adverse.

Hi, The prosecution has to prove the case. If it is failed to prove the same then you will not convicted. Further, the rate of conviction is very low in the 498/A offence.

[2]   If you father file the case then you can contest the same. If he simply say that he will come to your house then you don't bother about it.

[3] If you are willing for divorce then only sign the Mutual consent divorce otherwise you leave it. You can file a memo stating that I am not interested in the mutual consent divorce. If the Mutual consent divorce is dismissed. You can file a copy application before the court to get the certified copies.

Hi 

1) In general, if you do not attend MCD proceedings even after payment of Rs3 Lakhs out of Rs6 Lakhs, then 

a) You will NOT get any refund of the money from the wife. 

b)Court will direct the parties for further round of counselling and only if counsellor says that there is scope for reunion, court will dismiss the MCD.

2) A mutual consent petition cannot be converted to Contested Divorce petition. If your MCD is dismissed, then you CANNOT file any divorce petition for next 2 years. 

3) At the time of filing of MCD or during Second Put up of MCD petition, parties will have to enter in to agreement to Withdraw all pending proceedings including 498A cases and this Agreement will be certified by family court and thereafter submitted in Criminal court for withdrawal of cases. 

You should rethink your strategy because, it is surprising that you are opting to withdraw a Mutual Consent Divorce petition despite part payment

Hope this information is useful. 

1. Even charge sheet filed against you, then also there may be chances to get rid of the offence , as she will have to prove allegation after producing evidences. 

2. You can lodge a compliant against him for the said threatening to you before the police and higher official .

3. No, you cannot get the paid amount from her , hence if you want to be separated from her then appear before the court on second motion . 

- Further , if you want to live with her , then file a suit for Restitution of conjugal right before the family court. 

4. No, that MCD petition will not help you in the contested divorce petition .

- As per law, either of the party of the joint petition can refused to continue the MCD further . 

Dear Querist

My opinion on your queries are as under: -

1. charge sheet filed and I would like to know what are the chances of conviction as I have chargesheet copy and witness statement. Would like to share with any advocate who can share his valuable experience by looking at charge sheet/witness statements and tell me chances of convicetion. (I would like to discuss).


Opinion: - You may send me the copy of the charge sheet and after go through with all the contents and statement of the witnesses, I can suggest you the way of your fighting and whether there is any chance for convition or not.


2. my Wife's father threatened me that he will come to my home along with his friends and have a fight with me and file another case regarding the fight(his brother works in the police dept), pls let me know under what sections he can file a case after having a fight with me at my home or near office or anywhere else. What precaution I can take.?


Opinion: - It will be better for you to file a civil suit for Permanent injunction against them before Civil Court of your area along with an application under Order XXXIX Rule 1 & 2 of CPC, if after the Civil Court order for temporary injunction, they visit your home or office and create any problem then they may be prosecuted for the offence of contempt of court under Order XXXIX Rule 2A of CPC.
Apart from this, you may file a complaint against them before the commissioner of Police/SSP of your area and also may file a criminal complaint against them under section 190(1)(a) of Cr.P.C. read with section 200 of Cr.P.C. for criminal intimidation and threatening.
 


3. currently a mutual divorce petition with MOU was filed in civil court on July/2020, I did not attend the court date scheduled on dec/2020, next date is jan 2021 and I want to delay it by not attending the court proceedings, My ultimate aim is to get some time so that my wife thinks of reunion and saving the marriage.

Also, I paid 3 lakhs out of 6 lakhs(Final Settlement) at the time of signing the petition. payment done through Online transaction and remaining payment through Demand Draft. Can I get that back?


Opinion: - You may withdraw your consent at any time, but delay is not good for you, it will be better to appear before the court in the First motion of Divorce proceedings and record your statement, the court will provide you six months time for reconciliation, if any. if she is not ready to reunion then you may choose, either for finalization of divorce or not.


4. I will not attend Court proceedings for MCD and if they close the petition and file a contested petition, can I show this MCD petition dismissed by them, and do i get any copy that the MCD petition is dismissed and all. Will that copy be useful in any sense for defending the Contested Divorce petition.

Opinion: - It is nupto you to appear before the court in MCD proceedings or not, but they may file the contested divorce based on cruelty and that Non-appearance will be consider against you and you cannot take benefit for your own wrong, it will be better for you that go for mutual consent divorce and left your ego and feelings of revange. if you really want to save this marriage then fight the cases, but think once that when a lady who had filed the criminal case against you and is not willing to understand you and your feelings then what will be the future of you with her. remain is upto you.

Feel Free to Call 

Dear Sir,

To counter with this, you need to gather all the evidences to prove that your wife is doing all this to extort money and nothing else.

you need to record all the voice calls, phone conversations, etc.

Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years.

A counter lawsuit can be filed by the man under Section 500 (Defamation) of the Indian Penal Code, 1860 for defamation. A case under this section can be filed in case a woman tries to malign the image of her husband and his parents by falsely accusing them under this section and dragging them to court or jail.

Recently, the Supreme Court had ruled that even a single false dowry complaint against the husband and in-laws was sufficient ground for courts to grant decree of divorce to annul the marriage.

What to do if a False Domestic Violence and Dowry case is registered against you

If a false complaint is registered against you by your wife, you have two options – either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong. Both are detailed below.

Defensive

You can defend yourself and your family from being sent to jail because of the false complaint. You have following options to defend your family and yourself-

Collect as many pieces of evidence as possible

• Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
• Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
• Collect evidence to prove that she moved out of the bond of marriage for no valid reason.
• This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.

Safeguard your Family

There are hundred of cases where the whole family is put behind the bars just because of one false complaint. Section 498A has a very wide jurisdiction under which the women can complain against anyone in the family. Even the mother and the father of the husband are not immune. In such a situation the husband can do the following to safeguard his parents and other family members –

• Once the FIR is lodged, the man can apply for anticipatory bail or notice bail so as to ensure that the innocent family members are not going behind bars without any just cause.

How the case turns out would totally depend on which state the case is lodged. Different states have different mechanisms to deal with the problems of false cases.

• For example, in Delhi, Punjab, Haryana and Rajasthan the complaint would first be referred to CAW Cell (Crime Against Women Cell)/ Mahila Thana). Where attempts would be made for Settlement between husband and wife. And if no settlement is reached, the case would be converted into FIR. At this stage or even before, you can seek Anticipatory Bail or Notice Bail for all your family members to protect them from arrest.
• In Uttar Pradesh/ Uttranchal, the FIR would be promptly registered but you would get 30 days to settle the case in mediation centre. By which time most people obtain stay on the arrest from High Court.

Complaint about blackmailing, false allegations

Lodge a complaint to your nearest police station, detailing about blackmailing, her false allegations, and her unbearable behaviour. Request in your complaint that police should take necessary actions to stop her from making threats and abuses immediately, also tell the police verbally and in writing along with available evidence that you are facing blackmailing and threats and mental torture from your wife and/or her family, as the case maybe. Filing such a complaint early on can save you from a lot of trouble later on if you are the first one to file this.

Drawback of this move

• Police don’t easily write down the complaints of men. Also, how the complaint is drafted is critical. This is why consulting a good criminal lawyer with experience in such matters before approaching the police is a good idea. Get your complaint drafted by a trial lawyer if possible. If police the refuse to register the complaint, seek the help of a lawyer again. They will be able to make the police register the complaint.
• Police itself sometimes provoke the wife to register a false complaint against the husband, the reason being the greed of taking bribe later.

Do not enter into a Settlement with your wife

• If you have to compromise, do it without paying any money. By paying her money you will indirectly accept the blackmailing and guilt. Your act will encourage fraudulent women to do more blackmailing.
• Despite all this, if you decide to pay and compromise then do not pay all the money till High court or Supreme court have given the final order of compounding the IPC 498A and all offence including the divorce decree. This is where your lawyer’s role in negotiations will be critical. You should get the settlement conditions agreed by both parties in writing (in the same agreement) including her and her family members. Also get them to file A court statement under IPC-156 that they will not challenge this order in higher courts and that they will take back all the cases filed against you and all your relatives in all the courts. They should get the final instalment of money after all cases and proceedings are withdrawn and closed.

Raise the issue of false complaint

Start writing letters to the media, human rights organizations, etc, telling them about the misuse of Section 498A. Use social media platform for reaching the mass. This will not give you legal relief but bring the attention of the society toward the misuses of the law.

How much maintenance allotted to woman under 498a?

IPC 498a is section 498a of Indian Penal Code (IPC) dealing with cruelty to wives by husband or relatives.  The kind of cruelty should be of such nature that it would drive a woman to suicide.  It DOES NOT say anything about maintenance of wives by husbands.  Criminal law is NOT meant to give compensation or ongoing payments to victim(s), that would be illegal under Indian law because it would be in the nature of blood money.  So if she wants to file 498a and expect to get Rs 50,000 per month for the rest of life from husband, forget it! but in case she gets the divorce, she can claim maintenance but not the share of your property.

“Generally, it's 1/3rd to 1/5th gross earnings of the spouse who has to pay when it's a lump sum alimony and not more than 25% of husband's salary as monthly maintenance as per a Supreme Court judgement.

The spouse with less income or no income can get a maintenance amount which is equal to 20% to 30% of the total monthly income of the other. As per the judgment passed by the Supreme Court, alimony amount should not exceed 25% of the husband's income. The aforesaid limit is applicable in case of monthly payout.

After divorce, the lady is entitled to receive the maintenance till she marries again”,