False DV and interim maintenance
Hi,
This is Rajesh,(name changed bcz of society). I got married in Feb'16. After staying in my house for 2months, my wife went to her home for a casual visit and never returned.
Though I requested her couple of times to come back, she ignored and her parents never cared. Eventually I lost my patience and I scolded her father badly for his attitude and behaviour.
Now they failed a false DV case, alleging that
1. I scolded them badly (they have a call recording).
- true I agree to the fact that I scolded them
2. I asked her couple of times to learn cooking and customs.
-true, I agree that I asked her to learn cooking. I just asked her, did not torture. ( she is housewife, not working).
3. I asked her couple of times, whether she likes me or not
-true, I asked her, as she was NOT listening to me at all.
4. And all my family members tortured her mentally.
- false, my family members were busy with my mother's treatment.
Ps: my mother is a liver sorosis patient, who is almost bed ridden and no energy to speak properly, from last year.
police have heard everything from my side, but as my wife refusing to come back to my home, they will go ahead and file the case it seems.
Now, could you please suggest me on below.
1. Are points 1,2 and 3 considered as DV?
2. If yes, Will police arrest me and my family?? If yes, is it possible to get a station bail for myself and for my family?
3. How I can fight this case, going forward and
4. My father is a govt employee, does this case effect his job in anyway?
Thanks for your kind information.
Asked 8 years ago in Family Law
Religion: Hindu
Thank you everyone, for all your valuable advices..
To add few more points.
I scolded only my FIL very badly. I scolded him, only because, I came to know that his relatives spoiled one alliance of my sister which was almost fixed. we were about to fix the date for engagement, but they spoiled it, by saying all the bad things about my family. when i asked him about the incident, he supported his relatives. so I lost my patience and scolded him with all the bad words.
now can you please clarify on below things
1) would there be an investigation officer allocated to the case, so that i can prove the situations, why I have scolded him ? (or) Is court only the place, where i can say something.(how the case will be investigated?).
2) How come scolding father-in-law fall under Domestic violence ? I never treated my wife badly,(neither scolded her nor beat her). even she said the same to police.
3) If the previously mentioned allegations fall under DV, what sort of punishment the court may order ?
(scolding FIL, asking her couple of times, whether she likes me or not, and to learn cooking) . She has the watsapp conversation as a proof ( the conversation that i asked her whether she likes me or not. etc.,)
4) I left the job because of humiliation at work. i am not working for the last 3 months. i was getting 25k per month before. My father and sister are settled well and earning good. Now, Do i have to pay the interim maintenance until this matter is settled (If she asks for it)? if yes, what would be the amount ? would the court considers my family member's income (as our's is joint family) to decide the Interim ?pleas consider the facts that, i am not working currently and she is MSc-BEd and worked in a private schools before.
Thanks,
Asked 8 years ago
Thank you all for your valuable suggestions.
My wife has filed the false case(domestic Violence) against my sister as well. She is a software engineer, and recently got an on-site opportunity.
Can she go on-site now. (Can she leave the country)?
Thanks,
Srikanth.
Asked 8 years ago
Good Morning.
As I mentioned earlier, my wife has filed a 498A case (DV/dowry) 3 months ago (but the FIR is not filed yet). I have attended counselling couple of times to prove my innocence and even the counsellor convinced with my side of the story.
Though police are very well aware of my innocence, they are just supporting the girl's family as they are locals. However the FIR is not filled till now as they are trying to force us to give huge lump sum to the girl's family.
Yesterday I got a call from Police station saying that, a fresh 498a complaint has been received and I came to know that this time they have consulted a lawyer and filled a new complaint with more false and serious allegations.
Could you please clarify me on below questions
1. Is it possible for a girl to change/modify the complaint anytime before filing a FIR
2. Can't I just prove my wife's falsehood behaviour with the fact that she has modified the complaint?( In the first complaint it was very clear that I never abused her neither physically nor mentally. But in the fresh complaint they have added that point)
3. Doesn't she need to prove all her allegations in the court or just girl's words enough for the court?.
4. How can I fight this case now?
5. Actually, the girl's family's financial status is very low compared to ours. I heard, girl can't file dowry harassment case on husband, if the husbands family is financially better. Is that correct?
6. I am not able to bear this tension, but I can't settle the matter with money as well, as they are asking me huge 15L, which is very well beyond my capability. I am just a hardware employee and earn 15k per month( though my father is a govt. employee and my unmarried brother and sister are working in IT)
7. Can I get an official copy of first complaint using RTI.
Thanks in advance for all your valuable advises.
Asked 8 years ago
Earlier it was just DV but police showed over enthusiasm and now filed 498A. In the previous complaint there was nothing related to dowry. Anyways FIR(498A) has been filed it seems against myself and my parents.
1. police said they can arrange the bail at station it self without arrest. Is that true/possible? (No need of anticipatory bail and no arrest)
Asked 8 years ago