You should file a petition in the high court for quashing of the fir. Annex all this evidence in the petition.
Go for divorce if you are not ready to live with her.
File a divorce petition on grounds of cruelty and desertion.
Wife filed a false dowry and DV case against me and my parents and threatening me. What should I do?
Hi, I was married in 2018 and my wife since the very first day started asking for money to be sent to her account and her father's. I did not agree to any of her demands since it was very tough for me to understand that why she is demanding the money when her parents financial status is stable. Then she started fighting with me on a regular basis and started threatning me and my parents. After marriage, I was send on assignment of work to USA and I called her to USA within 2 months of our marriage. Initially things were okay but after 1 month of her reaching USA, she started demanding the money and when I objected to her each demand everytime, i was threatened by her saying that she will call the cops and would get me arrested for beating her. I ignored her for few months, but she did call the cops 2 times in USA and both time cops just gave warning to both of us saying that we should not call cops unnecessarily when there is no physical fight between us (they understood that wife is trying to misuse the laws like in India). Within few months she was pregnant, and as is USA it is legal to know the gender of baby, when she came to know about baby girl, she kept demanding me to go for abortion and when I refused to do so, she even started getting physical with me by hitting me. i still kept ignoring her. When my baby was about to born, I called my parents to USA to help her and baby, but within 20 days of baby's birth, she one morning called the cops and alleged that me and my parents are beating her. Cops investigated the matter and found that my wife is telling lies and trying to spoil the image of my parents, hence after 2 hours of interrogation, they arrested her and sent her to jail. I then on the same day got her out of the jail on bail, even when I was unknown about US laws), but she didn't even consider that and went to her sister's place in USA only leaving her baby of 20 days back. My parents and myself took case of baby for 2 months as she did not come back. I came finally back to India after so much of chaos and thought to live with my parents. She flew to her parents house in Maharashtra (whereas I live in UP) and did not return. Its been 1.5 years since I am raising my daughter alone, and she has not asked about her daughter even once and on top of that, she filed false 498A and DV acts against me and my parents. I have all the proofs of her getting arrested (even the video I got from cops for arresting her and sending to jail) and I have all photos and audios where she tried to assault me as many times I was hurt badly by her. In audios, she can be heard of abusing very badly me and my parents and threatning me to get booked in jail. Now she is demanding huge sum of money else if not given, she says that she will worsen my and my parents life. What should I do? should I go for divorce seeing the current situation? I am worried for my old age parents and daughter. Please advise.
Asked 4 years ago in Family Law
Religion: Other
8 Answers
File for divorce on grounds of mental cruelty . Seek sole custody of your child
2) rely upon audio and video recordings to prove allegations of mental cruelty
3) apply for and obtain anticipatory bail from sessions court in false dowry harassment case filed against you and parents
Dear Querist
No need to worry, file a divorce case immediately before the Family Court of the area where the marriage was solemnized or where both of you lastly resided together as husband and wife.
Fight the Dowry and domestic violence case with the help of the matrimonial criminal lawyer.
You may file a transfer petition before Supreme Court as you have the baby girl with you and It will be very difficult for you to fight the case in her area after leaving the baby girl with your old-aged parents.
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The fact appears like that she is greedy for money and she don't care for anything in life except money.
You may not agree to give her any money under whatever pressure.
She has cause you enough damage and mental as well as physical harassment hence there is nothing more left for to harass you.
If she continues to harass you then it is not a new thing besides you have substantial documentary evidences to prove her previous atrocious and aggressive behavioral attitude and the abuses she had unleashed against you and everyone at your home.
You may ask her to proceed in the manner she may feel like which can be challenged during trial proceedings.
At any cost you don't let the child to be taken away by her becasue she may not take proper care of the child and the child's health or future will be spoiled if it is to be under her care and custody.
If you feel that it would be impossible anymore to continue this marital relationship with her, you may decide about filing the divorce case on the grounds of cruelty at your end.
Thanks. Just to let you know that last month I got regular bail in this matter along with my parents. Before this, anticipatory bail was granted for my parents only. Also, police prepared the chargesheet and submitted in the court saying that the facts provided my wife are correct, and police did this without investigating the matter and didn't listen to us even when we showed all proofs for her lies and false allegations. Police didn't do their job properly and I believe my wife's mother paid some bribe and also brought in some local city's political influence at that time. I had also filed section 9 in my city at the beginning of this year, as was suggested by my friend's father, which I am not sure was a correct step or not. SECTION 9 is still pursuing but my wife did not appear in any of the dates. Seeing the current situation, I just want to get out of this mess to save my parents and daughter and give them a better life, I want to know if at this stage would it be good to go for 1) A divorce on grounds of cruelty and desertion? 2) Quashing of FIR (many have suggested that quashing will not happen, so I am dicy on this) 3) Is transfer of petition to my state possible when the next date in January for this case is for framing of charges? Should I attend this date? 4) I do not want to pay a single penny to my wife seeing the cruelty she has shown to me my parents and specially towards my child. Is there any way I can skip this? Also, my wife is working and is earning good salary, as she is also in IT working in Pune. She also possesses a flat in her name in Pune, so she is sound in her financial status, so seeing this would she be granted alimony and maintenance when she is capable enough of handling finances in a good manner? Also, seeing the fact that the baby is with me, can alimony and maintenance be ignored? Thanks for all the responses and I would seek another helping hand as I see myself stuck in middle going nowhere.
Asked 4 years ago
1) withdraw RCR petition and file for divorce on grounds of mental cruelty
2) don’t file for quashing
3) transfer petition would not be allowed
4) if wife is working and there is not much difference in your income she would not get any alimony or maintenance
1. Yes you can proceed with the divorce in above grounds.
2. It depends on merits of each matter.
3. Transfer is generally given on jurisdiction ground or to a woman only
4. You can challenge her maintenance petition and oppose it
1. You may withdraw the RCR case and file a divorce case on the grounds of cruelty
2. The high courts do not generally entertain FIR quash petition, however if you have strong and substantial documentary evidences to nullify her allegations, you may file a charge sheet quash petition before high court.
3. No, it is not possible.
4. If she is filing a petition seeking maintenance you may repudiate the same by producing evidences for her employment and the other sources of income, the court may not entertain her application for maintenance if she is found to be employed.
Dear client,
1. If you are confident you can prove cruelty and desertion then you may proceed with this. However, you cannot claim this against her for filing a dowry and DV case against you when the case was not found in your favour.
2. The chances of an FIR getting quashed are very low and it is a difficult process
3. The party who intends to get his/her case transferred must file a transfer petition to the court and the court decides whether or not the case is transferable based on relevant grounds.
4. If you can prove she does not require alimony then you will not have to pay. You will have to prove she is not in need of it on certain grounds
Thank you.
