• Fake 498a case after applying divorce

Hi All,

I got Married on 15/05/2015 [arranged marriage]. after 6 months of marriage, my wife left me for silly misunderstandings. I let her go to her parent's house since she was carrying at that time.

After which they have changed the city for residence and had not informed me. On 10/03/2016 a girl child was born and this was also not informed to me.

I tried to reconcile and bring her back to my home in Aug 2016 [baby was 5 months old] but nothing worked.

I waited till Mar 2017 and applied for RCR.

During RCR she did not have any strong reason hence agreed to come back on 01/10/2017.

After which she stayed with me for 7 months and left me on 21/05/2018 for her brother's marriage.

Since she did not return for more than 2 years, I applied for Divorce on 14/01/2021. The case was postponed due to covid and mediation was arranged on 20/01/2022.

Since mediation failed as I am not agreeing for any reconciliation, My wife has complained against me in Women's police station for harassment. I have attended the police station for enquiry and made clear that I have not harassed in any manner and the matter is infront of court.

Seeing this my wife has registered fake dowry case against me. I have the FIR copy with me. The claims made against me and my family is completely lie. She also complained that I physically harassed her on the day I appeared in front of police station which is totally a lie.

Since I have not made any harassment or any illegal actions, I am fighting it in the court of law.

I am currently employed in PSU, and earn 7.50L net salary per annum

What all the legal options I have to protect me and my family?

What could be the worst situation I have to face? 

Please suggest.

Thanks
Asked 2 years ago in Family Law
Religion: Hindu

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7 Answers

Apply for  and obtain Anticipatory bail from sessions court 

 

80 per cent cases are false and end in acquittal 

 

 

 

 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

This is routine as far as women are concerned. These cases along with the DV case will also be filed against you and your parents and relatives. Take anticipatory bail and ask for mediation from the high court.

Moreover, she cannot prove anything at the time of trial and hence there is nothing to worry. They'll obviously ask for a settlement amount but that should be negotiated.


As far as maintenance is concerned she didn't leave you for any reason and hence she cannot demand maintenance. S.9 application and her return is a proof of that. You should also ask for custody of the child. 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Dear Client, 

                  In this case, relevant provisions related to divorce under Hindu Marriage Act  and if the wife claims maintenance after the divorce then relevant provisions of the Hindu Adoption and Maintenance Act.Most importantly, you need to produce admissible evidences in court in support of your stance that there was no violence from your part. It is tough to predict possible outcome of any particular lawsuit with this little information but court always make sure to pass any such orders in such cases involving a minor child which will be in the best interest and welfare of the child.

Thanks & Regards

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

First take anticipatory bail and secure your and your family arrest

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

If a FIR is registered on the basis of her complaint, then you first have to obtain anticipatory bail for all those who have been listed as accused.

After that you may wait for the charge sheet to be filed, then you can file a petition seeking to quash the charge sheet because the facts of the case are in your support and merits, you can get the charge sheet quashed  or you can challenge the false case in the trial proceedings properly.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Approach the High Court with a quash petition, and seek quashing of this FIR. There's great prospect of relief from Court.

 

It is clear that your wife has filed this dowry case a a counterblast in retaliation to the divorce case filed by you. 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Since, there is already an FIR is lodged against you , then you should apply for getting anticipatory bail from the court , and the chances are maximum , as she could not prove cruelty before the police station and women cell.

- Further, on this two grounds you can approach the High Court for quashing /cancelling the FIR as well. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

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