• Trauma by wife - false case of physical harassment

Hi, 
I am physically handicapped boy , resident of Haryana and currently working & living in Pune. I got married to a physically well girl but soon after marriage , i discovered that she was forced in to this marriage by her parents. After marriage , she started ill treating my widow mother and my younger brother , thrown mangal sutra away in front of my relatives and ran away from the house with her brother. After that my mother disowned me and my wife through court affedavit. Now she has filed a false case of physical harrassment in Women thana in her local area and given names of me , my mother , married sisters and brother.

MY questions:  
1) Is there any way that my younger brother , mother and married  sisters  are saved from this trauma.
2) When my mother received summons , she said that she is unaware of my whereabouts. is it fine?
3) My wife is unaware of my whereabouts and location. so she cant send summons to me directly. Will this saves from falling in her trap? if yes, what more can be done. If no, What should be my next step?
4)I have audio/video recordings of her saying that she will send us jail. Image Snapshots of destroying my image in front of friends. Will that help me in this case. 
5) What more steps i can take to save my career since now a days all Companies do a background check for criminal cases before hiring employees.

Please advice.
Asked 8 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
1) your family should apply for obtaining anticipatory bail if false case is filed under section 498A 

2) 80 per cent of cases are false and end in acquittal 

3) if you are not staying with your mother no false statement had been made by your mother as she may not be aware where you stay 

4) audio video recordings are admissible in evidence 

5) contest the case filed by wife 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
Hi, First you and your mother and brother has to apply for anticipatory bail and thereafter you have to appear before the police station.

2. Your wife has made your mother and your brother as unnecessary party so it is better  you can file a petition under section 482 of the Criminal procedure code for quash the same.

3. It is always better you can contest the case on merits in order to avoid the summons.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1)merely because you are physically handicapped will not give you any relaxation . 

2) wife has to prove allegations made by her 

3)you can file for divorce in Pune if you so desire 

4) wife can move SC for transfer of case to UP 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
first you quash her complaint on the ground that you along with your wife have been disowned by your mother. she has been committing cruelty since the inception of the marriage. 

by quashing her complaint you can keep your mother and brother away from her complaint and also no coercive action can be taken by the court against them.
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
Q. I have audio/video recordings of her saying that she will send us jail. Image Snapshots of destroying my image in front of friends. Will that help me in this case. 

A. above materials constitute valid ground of divorce because it constitutes act of cruelty. Sadana sarangi vs Mahesh sarangi AIR 1968 it is held by the supreme court that defaming husband in front of his friends is an act of cruelty and it constitutes ground of divorce.
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
You should contest her complaint and be avoid to file any case against her because now a days our law favours wives rather than husbands. her mere statement is sufficient to file false case against you. You can prove all facts in order to contesting her complaint  which you want to produce in any other case. So you'll get ample opportunity to defend.  
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
1) Is there any way that my younger brother , mother and married  sisters  are saved from this trauma.

First they all have to get themselves enlarged on anticipatory bail and then challenge the case in the court.




2) When my mother received summons , she said that she is unaware of my whereabouts. is it fine?

There is nothing wrong in it.





3) My wife is unaware of my whereabouts and location. so she cant send summons to me directly. Will this saves from falling in her trap? if yes, what more can be done. If no, What should be my next step?

You first get yourself enlarged on bail by applying for AB and then challenge her case in the trial court properly.





4)I have audio/video recordings of her saying that she will send us jail. Image Snapshots of destroying my image in front of friends. Will that help me in this case. 

During the investigations by the police you can produce them before the IO, who will certainly take a note of her behavior and may give a favorable report to you.



5) What more steps i can take to save my career since now a days all Companies do a background check for criminal cases before hiring employees.

Companies may do a background checks for criminal convictions only and not for the pending cases.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1. Your brother, mother and married sisters can apply for quashing of the criminal complaint in which they too have been named.

2. Your mother can plead ignorance about your whereabouts as you are not a minor who is under her guardianship.

3. Summons can be sent to your office address. You should apply for anticipatory bail to preempt your arrest.

4. Recordings can be used in the court as evidence.

5. Apply for AB immediately.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
Your being physically handicapped does not give you any privilege in the court. No counter case is made out unless there is a breach of any of your rights.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1) in consent terms alimony amount would be mentioned 

2) alimony amount should be paid by cheque only 

3) your lawyer will draft the consent terms to protect your interests 

4) it should be mentioned that X amount would paid in full and final settlement to wife and she undertakes not to make any claims in future 

5)you can file MCD in Up or in Haryana 

6) 20 per cent alimony amount st time of filing and 80 per cent at time of second motion 

Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1. Pay her through cheque or draft.
2. Engage your own lawyer to vet all the pleadings.
3. You can file it at her or your place depending on where the cause of action is shown.
4. First installment should be paid at the first motion and the second at the last hearing.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1) How to give Alimony to wife legally so that we can have proof for paying alimony legally. Also what should be the preferred mode of alimony amount payment( Cash , cheques or any other legal way)?

In your MCD post nuptial arrangement or agreement by a memorandum of understanding, if there is a demand for alimony and an amicable decision has been arrived upon which has been reduced to writing, such terms will speak about the mode of settlement of alimony amount.
If there is no demand for alimony from her side, you can remain silent about it until she makes  a demand for it.







2) what precautions should be taken while filing MCD , so that there are less chances of cheating by wife?

You can pay the settlement amount in instalments by making just a token amount for the present at the time of filing the petition and the remaining amount may be made either by cheque or DD or by cash in the presence of witness after attending the second motion and confirming the disposal. 





3) My wife lives in UP while my hometown is in Haryana. Where do we need to file the MCD ? UP or Haryana Court?

A divorce case can be filed at the place of marriage or at the place where both last resided together or at the place where is presently residing










.4) When alimony amount should be paid to the party? While filing MCD or during final settlement(after 6 month).

Visit my answer to your 2nd question above.







5) Any other things needs to be taken care while filing MCD.

It depends on the prevailing circumstances. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1) consent terms in mutual consent divorce petition would mention the alimony amount 

2) pay 20%at time of filing of petition and 80%at time of second motion for divorce ie after 6 months 

3) your lawyer will protect your interests in drafting the consent terms 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
If the divorce petition has no mention about the alimony issue, you can settle the amount out of court as per the agreement entered between you both.
This amount can be settled at the time of second motion after pronouncement or before pronouncement of the divorce judgment.


You can get in writing from her about the receipt of the same and an assurance to not to claim the same in future. 



You should not pay the alimony amount before the process of divorce on mutual consent is disposed properly.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
Yes this is possible. So the alimony may be stated in the MOU.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0

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