My wife has lodged a False FIR in IPC 498a, 125 & 406 on 20/03/2012 for all members of my family (Mother, father, Brother, Bhabhi and me) that all the members went to Chittorgarh for demanding dowry of Rs.1 lac and a bike and for refusing the same we have beaten up the bride on 20/03/2012.
She mentioned in FIR that after marriage we have tortured her and beat her often for dowry.
Also in FIR she has accepted that Rs.1 lac cash along with Jewelry worth Rs. 4 lac and other item (total of all comes to Rs.10 lac) had been given.
She is from Chittorgardh (Rajasthan) and I am from Indore (Madhya Pradesh). We got married on 02/12/2008.
She left my home (Indore) after 4 months on 17/04/2009 for which we have given application to Human rights, DSP, SP, I.G. and local police station. She was in affair with other person.
We have all the proofs with us to prove our innocence on that day (20/03/2012) my brother was in Bank of India, Indore (CCTV clips from BOI submitted), Father was in CJM court Indore as a witness in friends case, Bhabhi was present at Child Doctor’s clinic for treatment of twin babies. I was on job in Ahmedabad. Police Officer investigated only my brother’s and father’s but not mine.
Now case is awaiting debate on charges since last 5-6 months due to absence/ lack of judges in Rajasthan. Challan has been submitted by police after given relaxation to my brother and bhabhi only.
At this stage:
Can I file an application for Quashing the FIR from high court? If yes how.
Decision on 125 (interim compensation) is pending till next month? How can get it cancelled? She is now demanding Rs.3 lac as an alimony.
Giving dowry is a crime then how can lodge FIR against her family?
How can I get divorce from her?
Please guide me how to get rid of this situation.
Asked 2 years ago in Family Law from Indore, Madhya Pradesh
1) no . HC rarely entertains quashing . fight case on merits before trial court .
2)it cannot be cancelled . court will pass orders on interim maintenance under section 125 Cr Pc .
3) Giving dowry under the fear that the proposed marriage may be called off is not an offence,
4) file for divorce on grounds of mental cruelty
Dear Sir, Thanks for guidance but
I am unemployed currently what amount of alimony court may decide also i need to pay both maintenance and alimony.
Asked 2 years ago
it will be decided on the basis of family status
Advocate, New Delhi
maintenance may be nominal . you have not mentioned whether your wife is working or not .
whether you were working in past ? what was your income ? number of factors taken into account by court while deciding maintenance
1. Quashing will not help. Better face trial and prove your innocence.
2. Decision on interim maintenance cannot be cancelled unless it is rendered. After the court passes its order on interim maintenance you can challenge it in the higher court.
3. The case of dowry is not made out against her. Instead of opening another round of litigation you should contest the case filed against you.
4. Apply for divorce on the ground of mental cruelty if you want it.
Since you are not working the amount of maintenance ordered by court may be very nominal. Court will take into account your dependencies. If your wife is working then she is not entitled to maintenance.