False case filed by my wife 498A,125 CrPC maintenance, DV
Dear Sir/Maam, I am working in merchant navy.I got married to my wife in 2011 and 2012 we had a baby, after giving birth to baby my wife started creating problems in my house with my parents.So when my child was 6 months old i shifted to a separate home with my wife and child.Since then we are staying alone, but her family members like her mother and sister comes to stay at my home when i leave for a job for 4 months.Now suddenly 1 day i woke up and found my wife and son missing and my door locked from outside.She took all her belongings along with jewellery, 50 K cash and my credit and debit cards along with her.Then i got the message that she has withdrawn 40K more.Later on i received a call from mahila thana that she has filled a case against me and my mother for 307 ipc,498 A, and in the FIR she has mentioned my parents address, that my mother and myself has tried to kill her and asked for the dowry.As police is still investigating the matter we are not being harnessed by police till now.Now again we got an information that she has filled a case under 125 crpc, notice came to my parents address as i was not there it was not delivered, and she has mentioned in that my mother and i have beaten her up and thrown her and my son out of the house, and as her parents are not well off she cant be burden on them, she has mentioned the wrong FIR date in that.She had asked for total 90K for my sons schooling,his maintenance, her maintenance and for housing.In her petition she has made a false statement that our son staying with her sister and is studying in some school, where actually he is not studying,she also made the statement that she is staying in some rental house which is also false, actually she is staying with her sister(who is also divorced and living in live in relation),And she has mentioned in her petition that i have many properties in name of my father but that is also not true as those properties were bought by my father before i came into job.She is not a family kind of a person, she needs freedom, she is not bothered for our son's future.Important thing to mention her younger brother is a criminal and have charges for many murders which they did not inform us at the time of marriage.So request you to kindly help with your suggestions
Asked in Family Law from Ghaziabad, Uttar Pradesh
1) obtain AB as wife has filed case under section 498A read with section 307 of IPC
2) you have not mentioned whether your wife is working or not
3) if wife is not working she is entitled to maintenance
4) file for discharge of your parents in DV case as you were staying separate with your wife an d child
5) file for divorce on grounds of mental cruelty
Since she has filed the criminal complaints against you and the police have registered a FIR for the complaint under sections 307 and 498A IPC, it is better that you and all those who have been named as accused in the FIR to first get enlarged on Anticipatory bail.
But since there is no provision for anticipatory bail in UP, you may get an order for not to arrest. .
After that you have chance to file a petition before high court to quash the FIR or charge sheet under section 482 cr.p.c.
Whatever allegations she has made against you in the criminal complaint as well as in the 125 cr,p.c. maintenance case, if appears to be false, you can challenge them before the trial court properly and can gather evidence to prove that she is wrong.
You can even file a child custody case under guardians and ward act.
Also, if you have decided to quit the married life, you can file a divorce case against her on the grounds of mental cruelty and desertion.
Discuss with your lawyer elaborately on all such further issues.
You have to contest the cases on merits. Since the FIR has been filed you should not delay applying for anticipatory bail as the sword of arrest keeps hanging over the head and can hit anytime if the AB has not been obtained. Do not take on face value the sweet statements of the IO. Once you obtain AB then you can either contest the case on merits or apply for the quashing of the FIT.