1) File petition for annulment of marriage on grounds of fraud
2) that wife had suppressed information about her relationship before marriage
contest false case filed by wife
Wife have complaint at Woman Police Station, Karnataka and now I want divorce due to her activities
Hi there, I work in abroad before marraige. I got married on 25th April 2024 in India , it was an arranged marriage. Our families met each other on Jan 2024 for engagement. On May 5th , got a message in FB from an unknown guy that my wife was in living relationship just before two weeks of marriage and may other things mentioned. This was shocking, then my wife with her father reported this to police station and FIR filed u/s 354D on that guy . After knowing facts , i felted cheated about this , my wife agreed that she was in that relationship , and then requested her parents to dissolve this marriage, of course they did not agree. Then I travelled back for my work on 1st June as my leaves exhaused during all this drama. And my wife along with her parent left home on the next day 2nd June, saying it will referesh her mind. Conversations were not normal after that over whatsapps call , also she tried to commit suicideat her parent home, reason unknown, couldbe that guy's fir related . Then on 26th June that GUY appeared in police station ( my in laws were secretly following up police without informing me or my parents) and not sure what happened to that case but I was informed that it was all resolved ( of course this was coverage) and I was abroad during all this time and my wife at her parents home since I left. Her parents repeatedly annoying me and my parents that the matter is resolved, now what to do. I was insisting that we should have a chat or discussion before the elders on this matter.. On 5th August, my wife went to Mahila police station (CAW) and complaint on me and my family that we were harassing, not talking to her and several other reasons for not allowing her at home. Police is asking us to come to station and talk. I don't want to continue this marriage after all this. I have travelled back from abroad for this as my father forced to undertaking that 'I'll present my son to police station for this complaint in Kannada , which he did not understand earlier'. I have chats, emails , fb screenshots, fir copy of that guy and MOU document ( to ensure that wife doesn't leave or run away during the month of May , as her parents were not accepting facts ) to prove that I was framed and cheated by this marriage. I do not want this marriage anymore. What shall I do in this situation legally to save my self and my family as I'm not sure of their intentions. We have tried to resolve this peaceful but my wife's father is not ready to take the complaint back. 'Either take her back or face it' , that's his words. Please someone help.
Asked 1 year ago in Family Law
Religion: Hindu
15 Answers
It is your choice whether to 'take her back or face it'.
If you want to take her back then i wish you luck .
if not then you will have to get prepared for a long battle.
They are expected to file case under section 498A IPC which have the option of challenging in quashing , considering the proofs you have.
In the meanwhile file a suit for divorce immediately.
You cannot file divorce case within one year from the date of marriage.
For now you can file a petition under section 10 of HMA act seeking judicial separation and can start living separately away from her.
The other criminal case can be challenged on merits
Please advise, if I should go to Woman Police Station. What happens if I don't appear there ? If I visit there , can I share my evidences so that this can be used against the false complaint , may be separately show it to police inspector. What are criminal case that would be filed by my wife. How can my wife enter home forcefully in this matter. I want to prepare for this and challenge it back before any cases are booked. Is there a way to avoid this prior.
Asked 1 year ago
If house is standing in name of parents they should approach senior citizens tribunal and seek orders restraining g daughter in law from disturbing their possession of house
2) you should appear before police station and furnish copy of documents in your possession
3) if you don’t appear police may lodge FIR against you
Fir take information whether any FIR is registered or not.
If no FIR is registered against your name then there is no harm to visit police and seek its intervention to amicably resolve the dispute.
If yes then first consult an advocate with the complaint and then decide.
You cannot stop her from entering into your house so long she remains your legally wedded wife otherwise you may have to obtain a restrain order from court to restrain her from entering into your house, but for that you don't have sufficient reasons to obtain this order.
Also you cannot take preventive measures before police registers a case against you.
Therefore you may wait for the police to take any action on her complaint after which you can obtain anticipatory bail and challenge her case properly on merits.
Dear Client,
As your legal consultant, I would like to express my understanding to the fact that the case you have described is rather complex and rather distressful. You have to go for the summon at the Women Police Station, since failure to do so is likely to worsen the situation. When you are there, sensitively explain to them, by providing the chats, emails, FIR copy, and MOU to disprove all the said allegations. Your wife may file cases under sections 85 & 86 of BNS act which relates to cruelty by a party to marriage and section 316 which relates to criminal breach of trust under BNS act, 2023. If you want to safeguard yourself then you should file anticipatory bail under section 482 of BNSS act, 2023. You can even sue for divorce under the provision of Section 12 of the Hindu Marriage Act, 1955 under the grounds of fraud since you were never informed about her previous relationship. In the same regard, seek legal help on how and when to respond to any orders concerning her access to your home.
I hope this information brings clarity to your situation. If you have any further queries regarding this matter, do not hesitate to contact us again.
- As per law, extra marital affairs is ground for divorce , and hence you can file a divorce petition before the Court after submitting the proofs and also FIR copy against that guy.
- Since, she has approached the women cell , then you should appear before them for reconciliation
- Further, if you will not appear , then they may send her complaint to the police station for lodging an FIR under section 498A against you and family members.
- If the said house is in the name of father , then your father can send a legal notice to terminate the licence given to her for living through her husband.
- Further , even she entered forcibly , then your father can file a Mandatory Injunction suit before the Court for evicting her from his house.
Update on my situation: Police inspector called me to attend for Counselling 19th October by 12 Pm at Woman Police Station, along with my parents, other elders and well wishers. Inspector not available at time. I was waiting there till 4pm. During that time , local goons and other irrelevant people ( around 9 ppl) were trying to threaten, provoke and describing about their illegal work outside Police station, i realised it was sent by my father-in-law . My wife and her family were sitting outside at the restaurant all the time. So I left the station saving my self from there, as their intentions were to pack me and do something ,unsure - may be beat or kill me. Then we later got to know they were waiting for outcome of Counselling and then do something about it. Also at the resturant Wife and her family were discussing about asking hefty amount and property ( which i don't have any ). They have decided to proceed with FIR on Monday 21st . I'm not going to attend this time as it's risky. Please advise if I should take any steps immediately to save my from the list of things planned by them. As my father-in-law is arrogant and do want to compromise at all, targeting my brother and sister ( in Australia)
Asked 1 year ago
In event any fast FIR is filed you would be issued notice to record your statement
you can apply for and obtain anticipatory bail from sessions court
- You can lodge a police complaint against them before attending the counselling of women cell
- If you will not appeared before them on the fixed date , then they will sent her complaint to the police station for lodging an FIR against you.
- If you are unable to go there , then you can send any relative on your behalf.
You may wait until the police is again calling you.
You can take an advocate along with you to avoid problems in police station.
If it is going beyond counseling then you can apply for AB and challenge them in court in the trial proceedings.
Further update on my case, 498A DP 3&4 againt me and my family members filed in Oct 2024, and was able to get AB bail after hiding for a week from Police. The Chargesheet filed and appeared on First Date on 04th July 2025. My wife has written that incident of dowry harassment occurred 0.5 km from women Police station blaming me and my parents in Oct 2025, which we were not there. Also mention my siblings' names for harassment at another city after a week of marriage. Now I'm trying to get Quash petitions for my parents' and siblings' names for Stay on Proceedings and then removal of names to avoid harassment. Please advise if this is the right approach as the whole FIR case is bogus with respect to the Indident place and my sister are not in India since after my marriage. Please advise what to do after First Apperance to remove their names. The wife has also filed BNSS u/s 144- Maintainace Case in April, asking for 50K per month claiming Dowry Harassment and Has No art of Living. But the fact is she is a B.Sc and an MBA degree holder who has working experience in IT company before marriage, though I'm not able to find out where she is currently working. We had ADR mediation, but it failed as the lady was not ready to take the FIR back. Also, in the Maintainence Case Notice, she did not mention about tbe FIR case she had filed against me. Please advise how to fight back the maintainence case , consider that the fact that she had worked in a company and there was FIR on a guy, due to which all this dispute occurred. Is there a way to prove that she is educated and maintainable ,and what on record proofs would be required.
Asked 4 months ago
If charge sheet has been filed HC wound be reluctant to quash FIR
2) better approach trial court for discharge
3) take the plea that wife is highly qualified and working .no need tu pay her maintenance
You can proceed with contested divorce on grounds of cruelty if she is not ready for mutual divorce
Since you have evidences to prove that they are not present in the scene of the incident on the alleged date of offence, it is a good case for filing a quash petition to quash the charge sheet itself.
In ther maintenance case, you can mention that she is highly qualified and she was working earlier but now she has not mentioned about her employment status, however she may have to submit her income tax returns for the last three years which would reveal her income and economic status and you can thus deny her maintenance claim.
You may better file quash petition to quash the charge sheet and also consider filing a divorce case on the grounds of cruelty.
Since your parents and siblings are named in the FIR or charge sheet but were not present at the alleged incident location and some reside abroad, filing quash petitions under Section 482 CrPC before the High Court is the right approach. The courts often quash or exclude the innocent family members from criminal proceedings if the charges against them are baseless or they have no nexus with the alleged crime. File separate petitions for each family member and emphasize absence of involvement, alibis, and that the allegations are false or concocted. Request stay of proceedings against them pending quash consideration to avoid harassment.
Your securing of anticipatory bail was proper, and now that chargesheet is filed, comply with all court appearances diligently. Engage a skilled criminal lawyer experienced in marital cases to challenge the credibility of the prosecution evidence and cross-examine witnesses effectively. Maintain full records of all communications, electronic evidence (like WhatsApp chats, emails), and affidavits disproving false allegations (like your absence from the alleged incident location). If you have proof or witnesses to show the wife's allegations are false, present them during trial or in the appropriate stage.
Regarding the maintenance case, the fact that your wife is educated and was working prior to marriage does not legally disqualify her from claiming maintenance, but it does impact the quantum of maintenance. Courts assess the claimant's income, employability, and duty to maintain self, alongside the respondent’s income and capacity. To contest or reduce maintenance liability, file detailed affidavits on her income history, educational qualifications, and job prospects. Gather documentary proof, such as degree certificates, previous employment records, salary slips (if available), or declarations from IT companies if possible. Argue that she is capable of self-maintenance and therefore the claim should be minimal or refused. Highlight the existence of the criminal case to demonstrate strained relations and refusal to cooperate for reconciliation. Your lawyer can also file a written statement denying false allegations and request interim stay or reduction of maintenance pending final trial.
Use your WhatsApp, Facebook chats, emails, FIR copies (including the original FIR against the unknown man on Section 354D), and the MOU as evidence to show your genuine attempt to sustain the marriage and that you have been framed or falsely implicated. Make a detailed timeline of events outlining your version of facts demonstrating your lack of harassment or wrongdoing. File a police complaint or civil suit for defamation or malicious prosecution against any false informants if evidence exists.
You are legally obligated to attend summons, but considering safety concerns at police stations, always attend with your lawyer or trusted family member. Present your evidence separately to the investigating officer or police inspector while maintaining the official record unchanged. Inform the police of false complaints and attempted framing actively.
Consider filing a divorce petition based on irretrievable breakdown, cruelty, or desertion under the Hindu Marriage Act if you no longer wish to continue in marriage. Concurrently, pursue quashing of false criminal allegations and fight the maintenance claim on merits. Avoid any confrontations or threats that may worsen the criminal case or reputation.
Maintain complete calm and professionalism in all communications and proceedings. Avoid negotiating without your lawyer present. Keep detailed written records of harassment or threats from your in-laws. Ensure all your court filings and defenses are timely and accurate.
You are taking the correct legal route with quash petitions for family members and seeking anticipatory bail provisions. Focus on disproving false allegations with evidence, defend maintenance claims by proving your wife’s ability to maintain herself, and consult a competent matrimonial and criminal lawyer to guide you at every stage. If you wish, I can assist you with drafting quash petitions, maintenance replies, and strategic advice for ongoing litigation and protection measures.
Please feel free to contact me for a professional consultation to discuss your case in detail and plan a robust legal strategy tailored to your circumstances.
