• My wife filing a false 498a case against me and my family

Hi,

I am leaving in Australia as Permanent Resident, we got married in dec'15 i.e. six months back. I have hardly stayed with my wife just over a period of 1 month. Ours was a love marriage. we both are 28 years old. My wife's parents stay in USA and they had no idea about our marriage. After marriage I moved to Australia to resume my work. and my wife moved to different city to resume her work. In April'16 for some family function my wife came to my place to attend the function and she abused my mom. After that incident me & my wife are not on talking terms, she called me a week back and asked for divorce and I said yes, I prepared the Customary Divorce Papers (as per Indian Law one cant file divorce till 1 year) and couriered her. She has received the papers and she has changed her mind now. She has asked me for 30 lakhs of maintenance / settlement which is ransom. I said Its impossible for me to provide such big amount. then she has threatened me to file a false 498a case against me & my family. Now I am worried what should I do next? I have been recording all her texts and Calls as she has clearly threatened me that she will assasinate my mom. I have clear audio recordings as proof and also the recording of asking 30 lakhs for settlement. Now, my concern is what will be the consequence if she files a 498a case now? What will happen to my mother and brother? Is there any chance if they disown me will it help them to stay out of the matter? how can i guard myself & my mom & brother from such false dowry case?
Asked 6 months ago in Family Law from Australia
Religion: Hindu
1) if wife files false 498A case obtain AB from sessions court 

2) you cannot file for divorce unless period of one year has elapsed from date of marriage . Only in exceptional circumstances can you file for divorce before expiry of one year 

2) your mother and brother would easily get AB since they have not stayed with your wife after marriage 

3) refuse to bow down to blackmail tactics 

4) 80 per cent of 498A cases are false and end in acquittal
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
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1) file police complaint of defamation against her under section 500 of IPC 


2)also file suit for damages 

3) file for divorce on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1. You should firstly file a police complaint for criminal intimidation against her if she has threatened to assassinate your mom. Audio recordings and text messages can be led in evidence in the court. If she files 498A then apply for and obtain anticipatory bail without any further delay. Disowning you will serve no purpose. 

2. You can also seek injunction from the civil court against her to restrain her from defaming you and your family online. This apart, you, your mother and brother can file a criminal case for defamation against her if she has accused all of you within public view of committing incest. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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Since your marriage is hardly six months old, it will not be possible for her successfully lodge a complaint against your parents or siblings who are staying far off from her and not at all interested in her dowry amount or anything of that type of non-sens.
It can be clearly construed that it is a false case and intentional extortion case filed by her misusing the women biased laws in her favor.  
Moreover since all the people are living outside India, she cannot be able to lodge complaints against the people who are residing in foreign countries. If at all somebody is living locally in the same town where she may lodge a complaint, you may ask them to obtain anticipatory bail and then attend investigation session before the police.  The police will have to follow the procedures laid down under section 41A of cr.p.c. before filing charge sheet or even FIR as per the latest ruling of supreme court. 
The police cannot reach you at Australia or your parents at US, dont answer any call from police if they try to make one. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
she even has threatened me that she will take help from NARI SURAKSHA NGO to protest against my family. she updates abusive statuses on Facebook defaming my family. She calls up my relatives and informs them that me & my brother have sexual relations with my mom. How do I stop her? I am so mentally harassed. what sought of cases can i file against her?

For hearsay information you cannot take any legal action against her.
You obtain concrete evidences of her such illegal threats and can lodge a criminal complaint against  her through online also giving details of her atrocious and unlawful activities against your people including her defamatory speeches and rumors against you people. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. Do not get panicked for her threat of lodging complaint u/s498A which has already lost its its teeth after the Supreme Court direction upon the police not to make any arrest without conducting investigation in connection with the 498A complaint,

2. You can lodge a police complaint even through internet alleging her threat and black mail for illegally extracting Rs.30 Lakhs from you to preempt her legal claim,

3. Your mother can also file a DV case against your wife for conducting violance on her,

4. Finally you can file a divorce suit in India on the ground of cruelty after visiting India and executing POA in favour of any of your relative to pursue the case for and on your behalf. 

 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Audio record all her such extremely distressing remarks and allegations,

2. File the divorce suit on the ground of cruelty,

3. Let your mother also file a DV case against your wife as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1) if your wife is not working you have to pay her maintenance

2)in case wife files false 498A case obtain AB from sessions court

3) court may impose conditions on your travel abroad 

4) you can go abroad for work purposes with the court permission 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1. Maintenance has no nexus with the duration of marriage, so your lawyer is bank on mark. However, you can contest her claim if she is self sufficient or has left her matrimonial home without a just cause.

2. Police does not impound the passport unless specifically ordered by the court. The courts in India do not ordinarily order impounding of passport unless the accused has a criminal history coupled with his lack of respect for the judicial process in India.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
my lawyer in india has informed me that i am liable to give her maintenance money be my marriage is of 1 month or 10 years. i am liable to provide her money as maintenance for filing divorce. is that true? 
AND
i am planning to visit india this december and she has threatened me that she will file the dowry case straight away so that my passport gets impound and i can't leave the country till the case is over? now my question is it true that once she files 498a against me police can impound my passport? and if my passport gets impound what are the remedies to free/release my passport from them?


It becomes the duty of the husband to maintain the wife and pays her to sustain her maintenance if they both are living separately.
However latest supreme court judgment says that a qualified wife cannot sit idle at home and claim maintenance, if she is eligible for employment, she has to pursue the same instead of seeking maintenance.
If she plans to foist false cases on you under section 498a or even 3 and 4 of D act, the police will not straightaway arrest you, but will make an enquiry and follow the procedures as laid down in section 41A of cr.p.c., by then you may obtain bail and challenge her false case.
No one even the court has got power to impound your passport on these grounds.
So dont give your passport even if asked for having a glance at it by the police or court, say that you have kept it somewhere which is not traceable. 
They cannot have a search warrant for this.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. Wife is not entitled to any maintenance from her husband if she is employed or highly qualified to earn her own maintenance,

2. Complaint u/s498A has already lost its teeth after the Order passed by the Supreme Court directing the police not to make any arrest against 498A complaint without conducting an investigation in to the complaint,

3. Police can not impound passport of an accused. Court passes order for impounding passport in serious cases where there is an apprehension that the accused committing heinous crime may leave the country. It is mist unlikely that Court will pass order to impound your passport based on your wife's false complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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