How to get out of false case??
I had arranged marriage fixed by my family.
I took loan of 4 lakhs for my wedding expenses and still paying EMI’s.
26th January 2015 Got Married to Ms.Ruchi Kannaujiya at Jaunpur. They gave 6lakhs as gift and that I returned it as “stree dhan”.
I have not taken any dowry from anyone in any kind as am against it.
30th January 2015 Left for Honeymoon
7th February 2015 Returned from Honeymoon
8th February 2015 Brought her to Dehradun.
20th February 2015 On her demand, I bought her new mobile worth 20,000/- on EMI.
She didn’t allow me to have sex for a month and half. Later, I learned that she is not Virgin and had an affair before marriage. I felt betrayed.
10th April 2015 She left from Dehradun, saying that she is missing her parents. While leaving, She took her jewellery and my Gold chain without my knowledge.
20th June 2015 I went Jaunpur to bring her back and inquire about her and to my shock, she and her family alleged me “impotent” in front of whole village. They abused me and my family. They harassed me with wrong allegations.
20th July 2015 Panch of Jaunpur and Varanasi decided for divorce orally. And nothing to share between us. (Mr. Vinod choudhary, Mr. Dinesh Choudhary, Mr. Satish Kannaujiya, Mr. Dhanni Patel, Omprakash Kannaujiya, Mr. Manni Patel)
1st August 2015 I felt sorry for her and thought to forgive her and bring her back to Dehradun. But her family put many conditions which was not acceptable.
28th August 2015 As she demanded, I sent her gifts worth 1 lakh (Saree and Mangalsutar on loan) and am still paying EMI’s for it.
10th September 2015 I learned that she is having affair and her family both were cheating on me. (can get social media and mobile call history as evidence by court permission)
I went Jaunpur to discuss the issue but her family insulted me and threatened me.
Later, I learned that they sent notice, Section 125 cpc., to my parents demanding half of my salary as a maintenance, which they didn’t accepted.
9th February 2016 First hearing in court. But her lawyer didn’t turn up stating that he has fractured his leg.
10 May’2016 2nd hearing waiting. I learned that she is not even graduate and just high school pass-out. I felt cheated by her family.
Since then.. I have been receiving life threatening calls from her relatives. Even police, lawyers and judge is influenced by her family.
Hence, I decided to divorce her from my place.
Now, am mentally disturbed, cheated, betrayed and helpless.
I have no clue about legal law and I cannot afford expensive lawyers as am already in debts.
1. All EMI bills and purchase bills
2. Credit card statements during her stay.
3. Call history and whatsapp messages can be retrieved by the court permission.
4. Education certificates can be obtained by the lawyers.
Kindly Help. Please
Asked in Family Law from Dehradun, Uttarakhand
1) you should file for divorce on grounds of mental cruelty
2) calling husband impotent is mental cruelty
3) refusal to have sex is mental cruelty
4) gather evidence of her extra marital affair .
5) wife who indulges in adultery is not entitled to maintenance
You can apply for annulment of marriage on the ground of concealment of facts if you have evidence to prove it. The 125 case has to be contested on merits by you to prove that she is either working or abandoned the matrimonial home without any rhyme or reason.
She has filed a maintenance case against your demanding amount for her sustenance.
You can very well repudiate her claim stating that you were and still are ready to take her back but it is she and her family members who are against the rejoin for the reasons best known to them.
There are plenty of cases for denying maintenance to the wife who has voluntarily deserted her husband for the reasons known only to her.
“Under Sec.125 Cr.P.C a wife who is unable to maintain herself is entitled for maintenance. Under clause 4 of Sec.125 Cr.P.C., She is not entitled to receive such maintenance from her husband if, without any sufficient reason refuses to live with her husband.”
This was the decision by Madras high court in the following case:
K.R. Sagayaraj vs Mrs.C. Rajammal DATED: 12.11.2010
CORAM: THE HONOURABLE MR. JUSTICE G.M. AKBAR ALI
CRL.O.P.No.22949 of 2009
and M.P.Nos.1 of 2009 and 1 of 2010
You may contest on the basis of this settled law for rejecting the maintenance claim by her.
challenge divorce decision granted by panch because it is invalid and liable to be quashed.
file a criminal case under section 379/383/504/506 IPC theft, extortion and criminal intimidation etc.
Thank you for your previous advice which motivated me to file case against my wife in Dehradun family court (I stay here).
On 12th April2016, I have filed Conjugal Rights (Section 9) and hearing date was on 7th May2016. She accepted the courier but as expected she did not reported to the court.
Meantime, I spoke to our mediators to resolve the issues amicably. Girl Family agrees in front of mediators but silently threatened about my parents and my life and they were demanding 7lakhs for scrapping the case. (I have voice recording) but she already has 7lakhs worth of jewelry given by my mother.
On 7th May 2016, I filed Divorce Case (Section 13) and hearing date was on 14th June 2016 and she hasn’t accepted the courier nor she turned up.
Then I got second hearing date 4th July 2016 and again she skipped the sessions.
On 6th July 2016, My old & uneducated parents informed me that Girl family has filed 498A (obviously fake) in Jaunpur on 2nd May 2016, against my family and me. I asked a lawyer to find the case details. I have not received any summoned
To my surprise, They filed 125CRPC in February 2016 & also published in local newspaper with wrong name (Suresh Kumar instead of Suresh Kannaujiya).
On 7th July 2016, I learned she is enjoying her life with her boyfriend.
Now, Divorce Hearing is on 23rd July 2016 in Dehradun and 498A is on 13th July2016 in Jaunpur. I cannot attend Jaunpur case due to life threat.
I have no money & am drained & depressed. My parents are scared to go out due to life threat. Girl family is influential in village. They have more money than me. I earn only 30,000 p.m and i need to look after my parents. I cannot afford their demands. Inspite of having all evidences am helpless.
I humbly request you all to advice me in the most best way. Get me FREEDOM.
Asked 10 months ago
you cannot file RCR case and divorce case simultaneously
2)you have to with draw RCR if you want divorce
3)you have to contest false 498A case on merits
4) engage a local lawyer to fight your divorce case . you need not remain present on all dates
If you have not received any summons in 498a case then dont attend the court.
Also since the 125 cr.p.c. cae has been decided without even sending summons to you then just dont be bothered about that too.
Let them file a collection petition and after receiving a notice on that you may file a petition to restore the main petition and challenge her maintenance claim properly.
In the meantime you may follow the divorce case properly and try to get an exparte order on that.
1. You should engage a lawyer to contest the cases filed by her. In CrPC 125 you may be exempted from personal appearance in the court but in 498A you should apply for and obtain anticipatory bail and then you will have to personally appear in the court till such time that the court exempts you from personal appearance.
2. The only way to freedom passes through the courtroom battle.