• How to counter fake Section 125 CrPC filed by wife?

I got in marriage as per HMA on 26/01/2011 in Kolkata,Since marriage I have been living in Kanpur on Central Govt. Duty (I am a Senior Scientist in Ministry of Defence working on critical Defence weapon system and a honorary Fulbright research fellow) with my wife while my aged parents live separately in my Kolkata residence. On 20/10/2014, a male child born out of wedlock. Soon my wife left Kanpur on 21/11/2014 and started staying with her parents in Kolkata despite several objections from us. This two years neither she returned here nor she went to my Kolkata house to stay with my parents. Now she has recently pressed several fake n baseless charges against me and my parents to harass us filing FIR u/s 125 CrpC. I have a few questions to get me clarified.

(1)During marriage, wife's father gave golds to me and wife both w/o any demand from us and out of his own will and capacity. Now they are claiming we demanded that from them.How to counter that?What if they keep their family members as false witness?
(2)They are falsely claiming that all furnitures in my Kanpur and Kolkata have been purchased by me but they gave me the lakhs of cash for it. How to counter it as they claim it as a cash transaction?
(3)They are claiming we abused the wife for not bringing dowry while we were always against the dowry and it was the foremost condition we kept during marriage before them though verbally.How to counter that we didn't  ever think to torture her?
(4)She has claimed that during her 4 years stay, I have never brought her any food, veg, rice, dal, fish, chicken, milk, fruit and she had to beg from neighbors. Can I produce my daily home expense    diary which I have maintained since 2011 as evidence where it shows how many Kgs of fruits and milk I have brought home?
(5)She has claimed that I have not arranged any maid for her in my residence while the fact is I paid 20000 rupees for a permanent maid per year. Though I have no bill receipt from maid to prove that. How to counter? It is not possible to call maid from Kanpur to Kolkata as witness. Can I get her signature on receipt of the above money on a bill/stamp paper on that account?
(6)She always threatened me to dire consequences if I dont keep myself away from my parents and used to insist me to live with her parents as and when I visit hometown instead of staying with my parents. Last 2 yrs of her stay she never visited her matrimonial home in Kolkata despite several requests and denied my parents every access to their only grandson. She always used to threaten me of 498A/DV if we dare to bring her to our Kolkata house to my parents. My dad (age:78) and mom (62) became patient of heart due to her trouble and tremendous shock that last two yrs they hv not even seen their grandson. My wife threaten me of filing mental torture u/s DV/PWDVA2005 which is also applicable on phone conversation. I got scared to save my govt. job and stopped all communication with her. But I have sent Rs. 120000 to her account for her expenses.

Now my wife is saying that we neglected her and her son. Actually it is the extreme fear of being sued by 498A/DV/PWDVA/406/506 etc. that compelled me to stop visit/communicate with her just to save my job and my aged parents from police atrocities. 
Sending money every month to her account without any court order/compulsion: doesnot it prove my concern about them and their needs?? Doesn't it show that I didn't neglect them. Please help
(7)She has brought false charges against me of an affair and involved an unmarried trainee girl unnecessarily. She has claimed that I have illicit relationship with that girl. While the fact is that the girl worked under my supervision for her M.Tech thesis only for 6 months. It was a completely professional relation though I gave her lift in my car on the way and went occassionally to caffe coffey day/Dominos. Does it qualify me for illicit relationship? The girl left Kanpur on Jun 2015 to another state on central govt. job and staying there permanently till date. 

Can my wife summon witness to that girl from Mumbai to come to Kolkata and can she harass her or her father/mother to bring pressure on me? I want to avoid these embarrassment. Pls help
(8) My wife has claimed that after delivery I have thrown her out of Kanpur residence and I arranged ticket for her. When the fact is that I strongly opposed it as it was cesarean delivery and baby was 1 month old and it is his parents who booked the ticket in Kolkata. It's a station ticket from Howrah station. I always use IRCTC for any booking. How to prove who has booked the ticket.

Dear experts, I am only an expert in the field of Defence Science & Technology. I never ever even visited police/court. I scare of them. Please give your pointwise expert advice to get me out of this situation. My service to the country, my parents life,my job, and my social standing/prestige/my hard earned fame all are in stake due to such gender biased laws. She has been constantly poking police to take action against my old parents by filing FIR who are staying alone in Kolkata.
Asked 5 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) your defence should be gold given to daughter and is in her possession only . you can cross examine witnesses

2) if they claim cash paid has it been declared in income tax returns? what is income of father in law? 

3)burden of proof is on wife to prove dowry harassment 

4) you can produce your diary maintained of expenses incurred . generally for fruits and vegetables payment is made in cash and no receipts are available

5) obtain receipt from maid regarding payments made by you of salary 

6)  .deny that you threw wife out of matrimonial  home . mention parents booked tickets 

7) fact you have sent money to your wife proves your concern towards wife and child 

Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
It appears they are planning to break this marriage. Since I could not see the petition filed u/s 125 crpc I am not in position to assist much. Since the case is in Kolkata you can feel free to contact.
Anyway-
1. If the gold ornaments are with you those are stridhan and you are bound to return the same. However do ensure that while returning you get a written acknowledgement on this from them.
2. Deny this in writing.
3. Se d a notice denying these allegations.
4. This is typical false evidence. Nothing to worry as the court is not going to believe it.
5. Deny this writing. I can advise more if I can see the contents of the petition.
6. Do not worry. In 498A case not a single c;ient of mine in Kolkata suffered any damage. So discard the fear of 498A case from your mind.
You have done the right thing by sending money every month.
7. The girl is unlikely to be called as witness.
8. Ig you ahd boled ticket for her then you can produce booking details. Else you have to deny in writing.
Please dio not worry.
I repeat if the 498A case is initiated in Kolkata you have nothignto worry as long as you take my service.
Not a single client or his family members have been arrested in 498A case.  which I dealt in.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) you can obtain receipt from maid on plain paper . affix revenue stamp and she can sign across as proof of receipt of her salary 

2) if necessary maid can be examined as witness during trial to prove she was employed as maid in your residence in kanpur 
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
1.  Offering the gold ornaments or any gifts to the girl by her parents or any relatives cannot be termed as dowry articles.


2.  Even if they prove to have given case for purchase of furniture, it is not dowry article so let them make any claim or let them take it back.



3.  They have to prove their allegation,  However this dowry demand has no impact in the ensuing 125 c.r.p.c. case.



4.  Her statement cannot be believed by a person even without prudence so court will not consider such blatant lies.  Because nothing prevented her from making a complaint all along the four years where she was not provided food, then how did she survive?



5.  This is not a matter of importance to her case, this can be handled during trial.



6.  Actually you can deny sending her money towards maintenance if she voluntarily abandoned her matrimonial home and refusing to cohabit you for the reasons known to her. The 498a or DV case cannot harm you to the extent as you are so much worried about it.This will not create any harm to your employment nor this will hamper your routine life.  If she is planning to file 498a, ask her to go ahead, you take anticipatory bail and tech her a lesson in the trial court by drilling her strong questions into her veracity of all her allegations. She cannot survive a court trial if  she is put to face or confront a shrewd and skilled advocate, she will plan to withdraw the case  or remain absent from attending the court itself.  Stop sending her maintenance amount now.




7.  There is no adultery in it. She cannot lodge any complaint for adultery because there is no provision in law for a wife to lodge criminal complaint against her husband for the offences of adultery.  Therefore your worries in this regard on all the points you have put here are unnecessary.


8.  Dont simply break your head to prove this, it is her burden to prove not only this allegation but all other allegations too, however all the allegations even if proved are not maintainable nor relevant to the present case nor it constitute the ingredients for dowry demand or harassment. 


If you are still afraid of nothing, then you may take the support of a good advocate who can provide you solace to all your issues or at least guide to your mitigate them.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
This is to your further query:

In your counter to her maintenance case filed under section 125 Criminal procedure code, 1973, you may mention besides denying and countering all her allegations, that she is being paid with a monthly allowance of  a sum of Rs........... regularly right from the date she left for your parents' house abandoning her matrimonial house till this date without default and you have enough evidences in the form of bank transfer statements etc to prove this.  However she has suppressed this fact material for filing this maintenance case intentionally just to trouble and torture  you or to extort money somehow from you.    This fact will give her a big blow and she may tremble with further prosecution claiming maintenance.  A situation advantageous to you. 
Discuss with your advocate in detail about this too. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
1. Did she make those charges in her 125 petition? If yes, it is she who has to prove her allegations with evidence. She can produce her family members as witnesses but you also will get chance to produce your witnesses,

2.to 5. She shall have to prove all her allegations with evidence where you can counter the same challenging the evidences and/or by producing your own evidences, if you have,

6. It is not understandable as to why were you scarred of her threat of filing DV case against you. How does such complaint affect your job? Even complaint u/s498A has lost its teeth after the order passed by the Supreme Court directing the police not to make any arrest before conducting enquiry based on the complaint of the wife. If she files any complaint/case, contest the same fittingly with all the evidence you have in your custody. Sending money to her will certainly go in your favour but you can stop sending money to her any further since she has filed the Sec. 125 petition,  

7. She has to prove the charges brought by her against you. If she can not prove her allegations, you and the other lady can file a case against her u/s211 of IPC for filing false case against you. The Court will not issue Summons to her for the mere complaint lodged by your wife,

8. She has to prove all her allegations with evidence and you can pray to the Court for calling the  application form for buying  her Rlt. Ticket to prove your statement,

9. Take the matter boldly and contest all her steps taken legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1.  No , they cannot refer to Kanpur police about this, there is no provision in law for this.



2.  Not necessary.  You may deny all the charges while police calls you for investigation.



2.  Your lawyer will tell such folk tales, dont take him for granted.  No doubt the police will accept money for doing  favor, but once you are out on AB you need not bribe the police for anything.  Let them furnish any report, you can challenge them before court properly. 



3.  She cannot prove her false allegations in the court because court will not listen to such fairy tales which are narrated without any proof or base.



4.  No she cannot do it. She cannot make a complaint agaisnt that girl for any reason hence that girl cannot be summoned as an accused.


5.  The articles given at the time are not dowry demand or dowry articles.  There are judgments of supreme court and high courts on this.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
1) you will be called to kolkata for investigations 

2) no need to pay bribe to police 

3) there is no evidence of any affair with  trainee . wife has no personal knowledge of any such affiar

4) girl statement would have to be recorded .

5) mention that no demands were made and in any case you are willing to return bracelet and other items received from wife 

Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
1) jewellery given to wife before at or after marriage would be wife streedhan 

2) you cannot file case under section 406 of IPC against wife if jwellery is in her possession 
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
1. Are you sure that FIR has been registered against you or just a general diary has been lodged. However, the Kolkata police will refer the matter to Kanpur police and may visit Kanpur for conducting enquiry,

2. Certainly you should co-operate with the police and explain your innocence against your wife's complaint. Do not succumb to any undue pressure from the police,

3. No. Your wife's allegation about your moving with lady colleague has no leg to stand legally,

4. The Court will not agree to summon her against the mere complaint of your wife without any evidence,

5. Those are gifts and can not be called as dowry.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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