If any false dowry harassment case is filed against you and family apply for and obtain Anticipatory bail from sessions court
2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
Marriage on false promise by wife and in-laws
I caught my fiancee lying multiple times so I told her that I am breaking up the relation and move on but she begged me hundereds of times for forgiveness. She told me that she will not use her mobile, dedicate all her life to me, she will stay with me in every condition, she will not go to her home for up to 1 year, she will bring back the broken trust etc. (I have a clear audio recording of the mentioned statement) FastForward : I married my fiancée on the intention that she was actually feeling guilty and gave her a chance but shortly after marriage she started showing her true colours, fighting and arguing on small issues and making the life hell. Now her parents and family is threatning me to file a false dowry and dv case. We haven't demanded anything from them, infact my dad requested not to give anything. My parents are really scared that if she file any wrong case then what wil be output as laws are pro-women. I just wanted to know wheather the recording of any false promises to marry will be of any value?
Asked 3 years ago in Family Law
Religion: Muslim
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12 Answers
Don't worry take an anticipatory bail against the said cases you will be secured
Dear Client,
There can be no action for breach of promise unless a contract to marry has been made.
Thank You
Even though the criminal case appear to be dreaded in the beginning, as the case goes for trial there are less chances for the girl side to win the same especially if the case is filed with false information.
The cross examination will reveal the truth by which you can get the case dismissed.
However before that you may have to first obtain AB and then prepare to challenge the case properly in the trial proceedings.
Your apprehensions are well founded, indeed law is heavily loaded in favor women. She cam file all cases she threatened you with not only against you but against parents also. Don’t give her any excuse for seeking legal advice. Once she takes legal help, flood gates of trouble will be opened against you. Try to settle with her. Recording of audio of promises for mayrring you will not be of much help in Court.
If she files also any false allegations against your family. She has to prove it in the court of law.
Kindly keep phone tapping evidence that your father-in-law threatening you for dowry and dv case will be filed against you and your family.
If they file 498a and DV case against you and your family they have to prove in the court otherwise they all have face huge consequences in future because of filing false cases and wasting of courts valuable time.
- 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.
- Further, if wife has extra marital affairs , then it amounts to cruelty on the husband ,and is a ground for divorce.
- Hence, if she has accepted that she having affairs and will not continue , then such recordings can be used in evidence and may be a ground for getting divorce.
- However, you can lodge a compliant as information to the police against her as a safety , after narrating that she having extra marital affairs , and further threatening to involve you and family members in false dowry cases.
- Further if she filed a false dowry case against you , then you can anticipatory bail easily from the session court after producing that audio recording before the court.
You can contact me, if further suggestion needed.
Thanks for the valuable feedback! Is there any way that I can divorce my wife without any legal trouble? What is the procedure to divorce a wife legally for muslims after triple talak ban? Do I need a divorce decree if I divorce my wife according to legal sharia law in India?
Asked 3 years ago
You can divorce your wife as per Muslim personal law
2) issue wife arbitration notice .fix date and time for reconciliation
3) issue wife 3 consecutive monthly divorce notice
4) mention reasons for divorce
5)pay wife Meher amount and maintenance during iddath period
Dissolution of Muslim marriage by Talaq is not totally banned.
The mode of talaq by Talaq ahsan or talak e hasan is still considered as legally valid, there is no ban on this type of talaq.
You can follow the procedures accordingly, i.e., waiting for three months iddat period after pronouncing talaq, and communicating the same to her.
For obtaining divorce through court, your marriage should have been registered under the provisions of special marriage act, or you can file a suit for declaration to declare your marriage as 'dissolved' as per the Shariah law after observing the procedures for talaq.
Dear Client,
You can file a divorce petition in the court on the grounds of cruelty.
Go for mutual divorce it's easy and speedy. Else go for contested it will take some time
- You can give her divorce by way of thrice sending the notice of divorce , and also can take help of a Qazi for the same.
- A divorce from the Qazi is also valid if adopted all the necessary rules of Sharia before granting the Talaq.