• Fake dowry, harassment, fake domestic violence

Hello sir,  
I was married to girl,  who had affair with a another guy for five years. I came to know about this 7 days after the marriage. I have got photos and messages of that guy and girl as proof. 

Inspite of this I allowed the girl to continue marriage   trying to forgive,  forget. 

From past five months she has abandoned the marriage,  ran away,  not staying with me,  I did not send her away. 

Now her father is threatening that he will file a dowry case,  domestic violence case,  harassment case against me 

What legal steps can I take to save myself and my family before they file a case?? 
Is there any steps for the boy to save,  himself from the law,  which is more one sided for the girl?? 

I have messages and photos as proof that she had an affair. 
I have not taken any money or property as dowry before marriage or after marriage,  not even a single penny 

My family have shelter to her Inspite of her affair,  but she has dishonored my family reputation and ran away 
She has decieved me also and ran away 

What best can I do,  what steps to be taken?? 

Please advise sir
Asked 11 months ago in Family Law from Ranibennur, Karnataka
Religion: Muslim
1) dont bow down to black mail threats

2) if wife files false dowry case obtain Anticipatory bail and contest the case 

3) if any DV case filed contest DV case on merits . file detailed reply denying allegations 

4) record all threats received 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1) you can file RCR case but even if you obtain a decree you cannot force your wife to stay with you 

2) better file for divorce on expiry of one year of marriage on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Before she files false cases against you the petition for annulment of marriage can be filed by you on the ground that she concealed her past affairs from you at the time of marriage. If she subsequently files false cases then obtain anticipatory bail to preempt arrest and then contest her cases on merits.

Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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You can file fore RCR but remember that no court can force her to cohabit with you. No defamation has thus far occured, so it is not made out.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Hi, She may lodge police complaint for the offence punishable under 498/A IPC but one thing you must remember before registering the complaint the police has to verify the genuineness of the complaint then only they have to proceed. So in the mean time you have sufficient time to apply for anticipatory bail and police will not arrest you.

2.She can also file a petition under DV act in that case you can contest the case on merits.

3. As you have customary divorce, you can give her to "Talak" before the  3 witness and communicate the same to your wife so that you can marry another lady.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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Send a legal notice to them as stated  defamation  and damages due to wife's un lawful deeds after the marriage. If her father file a case against you then contest it on merit and obtain Anticipatory bail from high court.

No need to file RCR , file a petition for declaring your marriage is null and void due to non consumption of marriage and un willing of person who entered in to the marriage and run away from  a legal married wedlock.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Lodge a police complaint for her running away duly informing about her affair,

2. This will protect you to some extent  against her future false cases,

3. After that you can file a divorce suit on the ground of cruelty  since running an affir after marriage and leaving matrimonial house for no reason can be considered as cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. There is no defamation case which can be filed against her,

2. You can file RCR petition but no Court can force her to join you even if she refuses to do that even after getting Court order. So, your RCR case which will run for years will yield no result for you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
2. The first ingredient for filing defamation case is publication of derogatory matter in Media which is absent in your case,


2. So, no defamatory case lies in this regard.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
From past five months she has abandoned the marriage,  ran away,  not staying with me,  I did not send her away. 
Now her father is threatening that he will file a dowry case,  domestic violence case,  harassment case against me 
What legal steps can I take to save myself and my family before they file a case?? 
Is there any steps for the boy to save,  himself from the law,  which is more one sided for the girl?? 
There is nothing to worry so much about it.  If she abandoned the matrimonial home without any reason, you may issue her a legal notice stating that she had an affair with another guy prior to marriage and when it was discovered by you, she apologised and assured to be sincere with you in the future whereas she clandestinely continued her affair, again when you found she to still indulge with the affair, on asking her, she left the matrimonial home with the intention to abandon it permanently, however since you are ready to admonish her and would desire to continue the broken marital life, she may may return to your home within 7 days on receipt of this notice failing which it will be construed that she is not interested in continuing her married life with you for which you may not have any option than to file divorce case on the grounds of desertion. In the same notice you may also include this that her father's threats about giving false complaints against you through her shall be properly challenged and he threats can be construed as malicious prosecution in the event of any complaint and consequential prosecution. 
This legal notice would fetch you relief.






Can I file for a case of defamation against me and my family,  playing with our honor? 
No, it is not maintainable. 




Can I file for restitution of  conjugal rights,  that my wife should come back and stay with me? 

You may first issue a legal notice as state above, wait for the outcome and then decide further course of legal action. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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