• Complaint of insult the modesty, torture, mental harassment, criminal breach of trust and dowry

- We got married in March and started living with parents. i. There were some initial adjustment issues so we use to fight a lot. She use to fight with my mother as well. She even went home for two and a half month (just after living with me for just two months) without giving me the idea that she isn't coming back. Somehow we convinced her that we'll live separately and on that context she came back. We moved out of my parents house in one month after she came back. But soon again fights started happening and one day it got worse and she left again. I said i want divorce but she refused. So after 6 months after the fight she filed a complaint to the police. We did not speak for these 6 months but our last conversation was about how I wanted the divorce but she doesn't want divorce, she wants to continue the relation. Now I have specific questions 
1. what exact cases can be filed against me in the FIR ? 
2. If I have proof that in our last conversation she wanted to live with me and now after 6 months she is filing DV complaint against me. Does that make my case strong? Asking this because she has accused me of hitting her (which never really happened)
3. What exactly is mental harassment? I was reading that mental harassment isn't really a thing in the penal code. it is related to some kind of other things like Mental harassment for dowry, or work place etc. If that is the case, the do i need to proof that I didn;t take dowry or asked for dowry? Suppose she has the recording of my mother saying some bad things about her in general (no abusive language or anything, but saying stuff about her parents that they are liars and not good people), does that count as mental harassment? If yes, then in what sense? Also what kind of proofs would negate such an accusation
3. What exactly does the High court looks at for FIR quashing? If looking at the evidence and judging that its not a valid case then isn't that a normal case in the court? how exactly is FIR quashing thing different?
4. She has named some of my family members in the complaint who hardly interacted with her (like met only once or twice). If their names are dropped from the FIR then is there any legal way to punish her for wrongly including the name of innocent people?
5. She is claiming istridhan which is already with her. Is there any way to confirm or check that? How can I submit any proofs to show that I dont have it
6. The complaint consist of wrong phrases or words spoken to her by my family. Now a friend of mine(lawyer) said that in case she has written those things to her mother in the whatsapp, that can be counted as evidence. is that true? if yes, then what are the counter proofs I can show ?
7. If she admits in the CAW session that complaint is to extract money. Is there any way to use that as proof to make my case strong?
8. . Can my mother also file a DV complaint against my wife? As she went home for 2.5 months and returned only when I assured her to live separately
Asked 3 months ago in Family Law
Religion: Sikh

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7 Answers

Wife can file case under section 498 A ,406 of IPC read with section 2,3 of dowry prohibition act against you and your parents 

 

2) she can also file DV case against you and your family 

 

3) in 6 months no of incidents may have occurred .does not make your case strong 

 

4) burden of proof is upon wife to prove her allegations 

 

5) FIR can be quashed only in exceptional circumstances 

 

6) if there are specific allegations made against you and family members it will not be quashed 

 

7) take the plea that wife had taken her streedhan  with her when she left the house 

 

8) your mother can file DV case against her daughter in law if there is shared household 

 

 

 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

1. If she decides to lodge criminal complaint she may allege that you and your family members have tortured her demanding dowry and other acts of cruelty. 

2. You can challenge her false case on merits in your side. 

3. The high court will not look at anything,  it is you who has to argue with supporting evidence to get your case decided in your favor. 

4. This type of complaint is normal but just because their names are dropped will not entitle them to take any action against her, she may file an application directly before court to include their names again. 

5. The burden lies on her to prove that. 

6. You have to rely upon whatever proofs you possess. 

7. First you prove that. 

8. If your mother was troubled by her and your mother has sufficient proof then she can file a DV case against her 

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

- 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.

1. She can claim maintenance and residential right from you after filing a complaint under the provision of DV Act 

- Further, she can also file a complaint before the women cell for lodging an FIR under section 498A

2. Yes, you can produce the recording before the court if she files a complaint. 

3. Only allegation by her is not enough and she will have to proved those allegation of harassment before the Court. 

4. Yes, their names can be dropped from the complaint of DV and also FIR 

- Further, if their names are dropped then they can file a complaint for defamation against your wife. 

5. Deny the allegation, However, you will have to submit the poofs of taken items by her , and for this you can produce any witness on your behalf 

6. Deny the allegation on the ground that the text is fabricated  

7. Yes

8. Yes, 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

1. 498-A, DV ACT, 125 CRPC MAINTAINANCE ETC.

2. The strength of your case will depend on the overall context and evidence presented.

3.  It falls under various forms of cruelty, including under Section 498A. Yes, you need to provide evidence that no dowry was taken or demanded. Witnesses, financial records, and correspondence can be helpful.; 

4. The High Court looks at Prima Facie Case ,Malicious Intent: ,Abuse of Process

5. Yes, you can file for malicious prosecution against her if you can prove that she intentionally named innocent people to harass them. 

6. You can provide receipts, photographs, or witnesses that can confirm that the istridhan is with her. or any other documents can be helpful.

7. Yes, WhatsApp messages can be used as evidence. However, they need to be authenticated and properly presented in court

8. Admission is highly unlikely
9. For mother in law - there are other legal avenues available.

Gaurav Ahuja
Advocate, Faridabad
75 Answers

Dear Client,

1. Possible Cases in the FIR: If your wife has filed a complaint, commonplace charges underneath the FIR can also consist of domestic violence (Section 498A of the IPC), dowry harassment, and likely physical assault. The unique sections will depend upon her allegations and the evidence she affords.

2. Strength of Your Case: Proof of your final conversation where she expressed a preference to retain the connection can be useful. It can suggest that the allegations of abuse or violence won't align with her previous stance, probably weakening her case.

3. Mental Harassment: While'mental harassment' in step with se isn't a standalone offence inside the penal code, it's often taken into consideration beneath domestic violence or cruelty (Section 498A). If she accuses you of mental harassment, you need to reveal that no dowry demands have been made. Statements by way of your mother, while not the best,  no longer commonly meet the felony general for harassment unless they were abusive or threatening.

4. FIR Quashing: The High Court quashes FIRs in the event that they discover the criticism lacks substance or is frivolous. It appears to be prima facie evidence of abuse of the legal method. Quashing differs from an ordeal in that it prevents useless litigation if the FIR is baseless.

5. False Accusations Against Family: If family members are wrongly implicated, they are able to seek to have their names eliminated from the FIR. Post-acquittal or quashing, they are probably able to record a defamation suit against her for fake allegations.

6. Stridhan Claims: To deal with the fake claims of Stridhan, accumulate and publish any evidence of her ownership of these gadgets. This may want to encompass pictures, receipts, or written communication indicating that she has them.

7. WhatsApp Evidence: If she documented her circle of relatives' court cases about your own family in WhatsApp messages, it may be used as evidence. To counter, offer evidence showing a different narrative, inclusive of messages showing goodwill or agreements on different problems.

8. Monetary Extraction Admission: If she admits throughout CAW periods that the criticism is to extract cash, record or file this admission. This could be pivotal in discrediting her claims and demonstrating a malafide purpose.

9. DV Complaint with the Aid of Mother: Your mom can record a DV complaint against your spouse if she experienced abuse or harassment. This should encompass intellectual or emotional abuse at some point in your spouse’s stay, highlighting that harassment is not one-sided.

Anik Miu
Advocate, Bangalore
9981 Answers
117 Consultations

It's important to understand that the specific charges and legal implications can vary depending on the laws in your jurisdiction and the details of your situation. However, here's some general information based on your questions:

  1. Potential Charges:


    • Domestic Violence (DV): This is a broad term that can include physical, emotional, sexual, or economic abuse. In your case, she may allege physical abuse (which you deny) and mental harassment.

    • Dowry Harassment: If she alleges dowry-related harassment, this could be a separate charge under specific laws in India.

    • Criminal Intimidation: If she claims you threatened her, this could also be a charge.

  2. Proof of Willingness to Reconcile:

    • Yes, evidence showing her willingness to reconcile in your last conversation could be helpful to your case. It may demonstrate that her accusations are not consistent with her earlier behavior.
    • You can present text messages, call recordings, emails, or witness testimonies to support this claim.

  3. Mental Harassment:

    • While "mental harassment" is not a specific crime in the Indian Penal Code (IPC), it can fall under cruelty (Section 498A) in the context of domestic violence.
    • You don't need to prove you didn't take dowry unless she specifically accuses you of dowry harassment.
    • If your mother's comments are presented as evidence of mental harassment, you could argue they were not intended to cause distress or that they were made in a private setting.
    • Countering accusations of mental harassment might involve demonstrating your own good behavior, providing evidence of a healthy relationship, or highlighting any inconsistencies in her claims.

  4. FIR Quashing:

    • FIR quashing is a legal procedure to get an FIR dismissed before trial. High courts can quash an FIR if it finds the case lacks merit, is frivolous, or is based on false allegations.
    • The process involves filing a petition in the High Court, providing evidence to support your claims, and arguing why the FIR should be quashed.
    • It differs from a normal trial as it focuses on the legality and validity of the FIR itself, rather than determining guilt or innocence.

  5. Falsely Implicated Family Members:

    • If the police investigation finds that your family members were wrongly named, their names can be removed from the FIR.
    • It may be difficult to take legal action against your wife for falsely implicating them, but you could consult a lawyer to explore any possible options.

  6. Stridhan (Woman's Property):

    • You can provide evidence like photographs, videos, or witness statements to show that she already has her stridhan.
    • You can also ask for a list of items she claims to be missing and try to prove they are already in her possession.

  7. WhatsApp Messages as Evidence:

    • WhatsApp messages can be used as evidence in court, but their admissibility depends on factors like their authenticity and relevance to the case.
    • If she admits to fabricating the complaint to extract money, this could be a strong point in your favor. Try to get this admission in writing or recorded, if possible.

  8. Mother Filing a DV Complaint:

    • Yes, your mother can potentially file a DV complaint against your wife if she experienced domestic violence from her. This would be a separate legal process.

Romesh Pratap Singh
Advocate, Gwalior
23 Answers

Yes your mother can file both dv and senior citizen complaint against her

Prashant Nayak
Advocate, Mumbai
32330 Answers
194 Consultations

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