• How can husband fight against false dowry, domestic violence complaint

Its just 6 month since marriage.
Wife has been threatening since very fst day of marriage 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.Both couple are software engineers in bangalore.Now the wife has given some complain in police staion and the husband has been asked to report in family court commissioner office.Please suggest what to do?Wife is inhuman-emotionless and since marriage they have no intimacy.Wife says that till 2 years she cant be physical.Please suggest ..
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1. Are the couple living together or apart ?.
2. Assuming that the wife is not living with the husband, file for Restitution of Conjugal Rights.
3. From your narration it appears that the family court has asked the husband to report for mediation and to settle  the matter amicably.
4. The wife has to have the evidence against the husband to complain to the Police.
5. Police cannot arrest a person, without investigating the matter thoroughly and after collecting evidence only the Police can proceed.
6. If it is later proved in the court that the wife had given a false complaint against the husband U/s.498A and Domestic Violence Act, this itself could be used as a ground by the husband for obtaining divorce.
6. Take the help of a Lawyer, if the situation warrants.
Shashidhar S. Sastry
Advocate, Bangalore
1636 Answers
107 Consultations

5.0 on 5.0

1) husband should attend family come office and mention about constant threats by wife 

2) also mention that she refuses to have sex and consummate the marriage 

3) on expiry of one year from date of marriage husband should file for divorce on grounds of mental cruelty 

4) contest any false cases filed by wife on merits 

5) if wife files 498A case obtain anticipatory bail 
Ajay Sethi
Advocate, Mumbai
45617 Answers
2680 Consultations

5.0 on 5.0

Immediately file a divorce case on the ground of cruelty under section 13(1)(ia) of Hindu marriage act before family court.

Apart from the above case file a complaint before police regarding her behavior and threatening.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

1. Suggestions are nothing except to come out of this relationship.
2. Try to resolve the dispute amicably by way of mutual divorce.
3. If that doesn't happen then file contested divorce suit.
4. Do not stay together with this lady.
Devajyoti Barman
Advocate, Kolkata
12856 Answers
166 Consultations

5.0 on 5.0

1. The husband should seek anticipatory bail from the court to preempt his arrest which may take place when he turns up in the office of commissioner.

2. The husband is free to file for divorce on the basis of cruelty against his wife.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

It is just six months old marriage.  There are lot of things to be seen in this marriage in  the coming years.  It is just a sample of what she   is and to what extent she can leap or go.
It is better to remain silent for the present without responding to any of her actions against  you and in the police or court you can simply make a  firm stand that you're ready to take her back provided she does not threaten suicide.
Dont react to her  any type of behavior while she is living with you, if you are not able to tolerate her  tortures,  you  may simply walk out of the situation or place  and return after a long time. 
You may maintain this silence for another six months period, if the situation does not improve, you may think of dissolving the marriage by a decree of divorce on the grounds of incompatibility and cruelty  after completion of one  year of your marriage.
She may provoke you to the core by lodging false complaints with police ad before court, you should not be panicked, handle patience which will provide you relief to the prevailing circumstances. 
T Kalaiselvan
Advocate, Vellore
35807 Answers
390 Consultations

5.0 on 5.0

Hi, One thing you must remember as per latest Supreme Court Guidelines the police has to verify the genuineness of the Complaint before they start registering the Complaint.

2. Secondly though the complaint has been registered, police will not arrest you immediately as they have to issue a notice to you first so in the mean time you can apply for anticipatory bail.

3. Though she may lodge a false complaint against you, you have no other options you have to fight legally.

4. It is better file a petition under Section 12 of the Hindu Marriage Act for void marriage.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

File Petition for restitution of conjugala rights in family court. Family court will arrange mediation for both of you through professional mediation. Even both of your advocates may help you to resolve the dispute between you people and advice the future course if action for you both.

If she doesn't want to enter in to conjugal relationship even after the metediation you can offer her divorce.

Its always good to amicably resolve the family issues with han fighting long battle in court.

Sandeep Hegde
Advocate, Bangalore
403 Answers
116 Consultations

4.8 on 5.0

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