• How to get out of false case??

Case Study
I had arranged marriage fixed by my family.
Date          	             Actions
	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.

Supported evidences:
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 2 years ago in Family Law from Dehradun, Uttarakhand
Religion: Hindu
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

Ajay Sethi
Advocate, Mumbai
45435 Answers
2669 Consultations

5.0 on 5.0

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. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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
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. 
T Kalaiselvan
Advocate, Vellore
35601 Answers
385 Consultations

5.0 on 5.0

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. 

Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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 
Ajay Sethi
Advocate, Mumbai
45435 Answers
2669 Consultations

5.0 on 5.0

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.
T Kalaiselvan
Advocate, Vellore
35601 Answers
385 Consultations

5.0 on 5.0

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.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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