• 498a, DV

I have been married since last year. There has been some problems in our sexual life due to some problems with me. I have some fears that they may file some false cases against me and my family. As her parents are asking continuosly about my wealth. We are in good terms as of now.
1.What precautions should I take to protect me and my family?
2.I am recording most of the important calls from her. She has told me through phone conversations that no money has been transferred. Will this be a good evidence? Can they argue its not her voice? She has got angry with me a couple of time and abused me which I have recorded. Are these good evidences. I have recorded and uploaded the voice messages into CD. So her number is not present. Is this a disadvantage?
3.Can I get her bank account details and salary slip to prove she is earning well and well off. Can I do the same about her father too. What other documents are necessary to prove her familys wealth status.
4.Can my parents disown me now itself just as a precaution? How does this work out?
5.Will CCTV footage of her and my family members spending time happily prove that we have not done anything violent?
6.Can I file a criminal case that gold has been taken away from my home and I doubt her and her parents? Can I keep the case inactive for now?
7.Can we file a complaint against her father that he has hit my mother and file a case against him. 
Can I keep the case inactive for now?
8.Her parents have given 10 lk INR in a joint account which I have not touched and she is operating and taking the interest. The documents are with me. How do I take this as a proof against her and her family.
Please help out. Give a detailed reply soon.
Asked 9 months ago in Criminal Law from Bangalore, Karnataka
Religion: Christian
1) you said there are problems in your sexual life . has your marriage been consummated ?

2) you should stay separate from your family members .

3) in case any threats received record the threats .audio recordings are admissible in evidence 

4) install CCTV cameras in the living room of your house . 

5) you are entitled to file RTI application and obtain bank statement  of your wife 

6) you cannot get her father account statement 

7) dont file any false complaint 

8) it is better you remove your name from joint account . inform your wife that money has been transferred by her parents for her use and it is not fair account be operated jointly by you .

9) in the alternative place amount in fixed deposit in wife name only 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. If they file criminal complaints then file for anticipatory bail to preempt your arrest.
2. Recordings can be used in evidence, she can certainly deny it as her voice.
3. Her bank account details can be obtained only on court orders.
4. Disownment is a popular term but it does not create or extinguish any legal rights. She has no legal rights in the property of her in-laws.
5. You can file a criminal complaint for theft against her and her parents for gold which has been taken away.
6. A criminal complaint for assault can be filed against her father. You can give a complaint to police and ask them to not to take further action on him.
7. It is for her parents to prove that money was transferred as dowry.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. Since you are medically unfit to consummate the carriage, it would be better for you to propose for amicable settlement of dispute by way of mutual divorce.
2. Voice recording is not considered in court.
3. If your wife is earning then she is not entitled to maintenance. Her father's income is of no consequence.
4. Disowning can not avoid legal ahssles and not advisable.
5. No since you can not produce every days footage.
6. I can not advise false case.
7. No
8. Since it is her money remove your name from the a/c asap.
Since it is you who has medical problem , you must reach her to amicably settle the dispute. If she does naything highlighting your ailment you will have no case.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Hello,
A lot o your fears  are arising out of unfounded apprehension and fear of possible legal action that your wife or in laws would initiate, especially since there has not been any major altercations between you and your wife or from the part of your in laws.

1) You have already taken a lot of precautions to protect yourself and your parents by recording the conversation and the incidents rising out of provocation.There is no specific precaution needed as no case by them can stand without being substantiated or investigated and you will be given a fair opportunity to be heard.

2) Your voice recordings are admissible evidence in court. Tests are available to determine if the recordings were doctored if such need arises.

3) You have nothing to do with her family wealth status as all you need to prove is the earnings of your spouse in case she claims maintenance or alimony at any point in time.Getting her  bank account details and salary slip can help in such scenarios.

4) You need to be cautious about the operation of the joint account that has a deposit of 10lacs and make arrangements for the interest to be credited to her individual account monthly as that will go to prove that she alone is utilizing the funds therein.

5) There is no gain by your parents disowning you. Whatever they do you will inherit any ancestral property owned by them after their death and while your parents are alive you have no right in their self acquired property.

6) CCTV footage has admissible value in evidence in a court and can certainly prove your point. However a single footage in itself can not be any conclusive proof. It is not advisable to file any such false case as this will land you in serious trouble and break the marriage.There is no mechanism to keep the case inactive once you file it.

7) The above answer at 6) applies to this query of yours as well.There will be serious criminal implications and your move will back fire as the court can take punitive action against you for attempting to  misuse the provisions of law.

8) There is nothing incriminating in the joint account where the girl's parents gifted you a sum of money

9) You need to address without delay  address the problems in our sexual life by taking your wife into confidence and that can certainly dispel all your fears arising out of marital discord.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. You stated that you are in good terms as of now. Your queries and proposed steps are based on your fear and apprehensions only. While staying prepared for any eventuality is appreciable,you shall also have to be careful in ensuring that your such apprehensions do not cross reasonable limit to actually strain your relationship finally. It also will be prudent on your part to get yourself medically treated since not being s*xually fit is a common cause of most of the divorces,

2. You should ensure that she does not record any rough behaviour on her by you and/or your family members. Collect evidence of your not taking dowry, her being treated well, her adequate earnings to maintain herself and if she leaves you taking her streedhan you should take a receipt from her stating that she has taken the listed items while leaving your house willingly. You keep the original recordings with the phone where it has been recorded otherwise evidence will not be valid Those evidences are acceptable before the Court,

3.  You can get it from her only and her father's property details will not be required by you to prove anything. If you ask her for her salary slip now, she will understand that you are preparing for some legal step and it will spoil your relationship,

4. You are over assuming things. There is no reason for your parents disowning you and it will not help you in any way,

5. Yes, it can be used to prove that she was well treated by you and your family, if she files a DV case against you,

6. & 7. No. You can not file a criminal case against them and keep it inactive now. You can lodge a police complaint and tell the IO not to act since negotiations are underway but this trick is highly risky since the police may divulge your secret false complaint against them which may ruin your relationship with your wife which is good as of now,

8. Her father has deposited Rs.10 lakhs to your joint account. How can it be a proof in connection with  your allegations against her and her family? What allegations you want to level for  parents giving Rs.10 lakhs to her? No case will stand in this regard. It will be treated as a gift given to their daughter which is perfectly legal.  
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1) send an letter  to wife placing it on record that she has left matrimonial home on her accord with all jewels 

2) if your wife is working yiu can rely upon her income tax returns to show that she is working 

3) since it is joint account it is for benefit of the couple and not only for you 

4) your in laws cannot say you demanded dowry 

5) to play safe better have your name deleted from said account 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Hi, you have all the above documents to prove you are innocent but you are presuming the things which may happen or may not, trust your wife and live happily.

2. Some times even though you have the documents to prove that your are innocent but it will not help full to you.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Payslip can be obtained on court orders alone or you may avail the services of a detective to unearth it.

2. They are free to make an allegation but it has to be proved by them.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. The problem of erectile dysfunction is the most common root cause for all divorces. So, it may be taken care of at the outset,

2. You shall have no problem if she lodges a complaint u/s406 of IPC in future for not being handed over her ornaments since police will not be able to get any from your residence. Audio recording in this regard will be adequate to prove your point,

3. More than taking snaps to prove that she was happy in your company, you should take utmost care to ensure that she does not get any opportunity to take your audio/video recording to prove that she was mistreated/tortured and/or subjected to cruel behavior,

4. You can not get her payslip now unless she gives it to you. You can arrange to  take a joint loan or loan in her name for which you will require to submit her pay in slip to the lending Bank. You can approach her with the proposal to get copy of her pay slip. If there is any maintenance case filed by her, the Court can dire ct her employer to submit her pay slip and also the I.Tax Authority to submit copies of her I.Tax Return for last 5 years,

5. Not only that you should restrain yourself in touching her money from her said account, you should also ensure that she does not issue any cheque or spends any amount towards your family needs. It will be proper on your part if you arrange to make FD for the said amount in her name only from her said joint account and keep photocopy of the said FD record.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1.What precautions should I take to protect me and my family?
Do not try to defend yourself before  being offended, let them come out with their action plan after which you can plan to defend yourself accordingly.




2.I am recording most of the important calls from her. She has told me through phone conversations that no money has been transferred. Will this be a good evidence? Can they argue its not her voice? She has got angry with me a couple of time and abused me which I have recorded. Are these good evidences. I have recorded and uploaded the voice messages into CD. So her number is not present. Is this a disadvantage?

Such evidences are not admissible as evidence i court, hence dont strain so much on these god for nothing issues. 





3.Can I get her bank account details and salary slip to prove she is earning well and well off. Can I do the same about her father too. What other documents are necessary to prove her family's wealth status.

You can gather her income details including her employment status, company, designation, salary details etc which may be useful to defend and repudiate her claim for maintenance in future.





4.Can my parents disown me now itself just as a precaution? How does this work out?

Not necessary, whether they own or disown, it will not make any difference to legal cases agasint you or them, they will be conducted as per law. 




5.Will CCTV footage of her and my family members spending time happily prove that we have not done anything violent?

This will not help you to die over the crisis put on you by her at a later stage.  The cctv footage for their well being or happiness shall not in any way bring you the desired relief in any form.




6.Can I file a criminal case that gold has been taken away from my home and I doubt her and her parents? Can I keep the case inactive for now?

Who has taken whose gold items?, if she has taken her own items, you do not have any case against her. If she has stolen your items you can give a complaint against her.



7.Can we file a complaint against her father that he has hit my mother and file a case against him. 
Can I keep the case inactive for now?

If her father had hit your mother, your mother can very well give a complaint agaisnt the offender with th police now also. 




8.Her parents have given 10 lk INR in a joint account which I have not touched and she is operating and taking the interest. The documents are with me. How do I take this as a proof against her and her family.
Please help out. Give a detailed reply soon.

This is a very good proof, you secure the evidences and defend yourself with the secured evidence in the event of necessity in future. 

T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
How to show that my wife operates the account? The interest will be added to the amount only at the end of a year. So we are not touching the money. Since its in a joint account can they give an allegation that me and my parents demanded it forcefully?
Please tell me other ways by which I can have a hold on her and her family?

Even now you close the joint account and open a separate account on her name and deposit the money on her name itself.
For the present since the account is in the joint names, you procure a statement for the accumulated interests and the withdrawals of the interest so far.  Secure them and can always defend stating that the amount was held in the joint account only and the withdrawals of interest only took place so far that too by her alone. This will safeguard you from the dowry demand onslaughts.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0

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