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Richard Clement Christian   21 November 2024

Kindly help please

my marriage was solemnized one year ago and my wife was pregnant but she harassed me in going back to her home. as she was pregnant i dropped her at her home. she filed a complaint against me and my mother and within a week her mother said child misscarriaged . so i gave a complain to local police station that they would file false case later within a week they registered 498a ipc against me and my mother and within a month filed crpc125 demanding huge maintainence. i am suffering from her torture since june and recently she has filed another case restrainment of gold ornaments. i have not taken any dowry or her gold all i seek is mutual consent divorce. i am unemployed since april 2024 and couldnt get another job due to these cases which has caused me mental agony. how to deal with this. i have initiated divorce under cruelty from my side because she has said she just want to harass. so please tell me what should i do. also all her gold are kept in joint locker under her and my name and she removed few bangles before going home so what should i do now. what petition should i put for all her lies. she is making my life miserable. she does not have any intention to lead family life despite of loosing child she is still roaming with friends and living carefree life. can someone suggest me what kind of cases or reply or stand should i take to overcome this.

 

 



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 5 Replies

anshu sharma   21 November 2024

I understand that you're going through a very challenging situation, and it's crucial to approach this carefully with professional legal guidance. Here are a few suggestions that might help: 

 

  • Legal Representation: Consult with an experienced lawyer to handle the 498A IPC, maintenance case, and divorce proceedings.

  • Divorce & Evidence: Pursue mutual consent divorce, documenting her lack of interest in family life and your mental agony.

  • 498A Defense: Present evidence disproving false dowry harassment claims, and seek anticipatory bail or quashing if needed.

  • Maintenance Case: Provide proof of unemployment to request a reduction in maintenance amount.

  • Gold Ornaments: Present joint locker documents to prove no unauthorized removal of gold.

  • Mental Agony: Consult a psychologist to support your claim of cruelty with a professional report.

  • False Allegations: Consider legal action for defamation or false claims, but only after consulting your lawyer.

Given the gravity of your situation, consulting with a lawyer who specializes in family law, criminal defense, and divorce cases will be essential to protect your rights and move forward.

You can reach out to me for further advice or assistance. Here are my details:

Anshuman Singh
+91 97714 98770
anshuman.sngh@gmail.com

T. Kalaiselvan, Advocate (Advocate)     21 November 2024

There is nothing you can do about it other than challenge all her false cases on the basis of documentary evidences in your support and on merits.

You have already initiated divorce case you may pursue that properly

1 Like

Dharmendra Chawla (Advocate)     27 November 2024

as per your situation there are many aspects, which i would like to explain but won't be able to so here is a link for your for How to Defend Yourself Against False Domestic Violence Allegations, 

also as you have filed contested divorce, you can claim compensation for mental anguish and torture from your wife, also file defamation case against her 

 

1 Like

Richard Clement Christian   14 December 2024

thank you all for your answers. last week i have received mc dv act case and the notice is saying protection order and restraining myself from going to her home and other prayers which will be heard as well. 

kindly advice how to apply for permanent exemption from attending hearings in 498a case and i would like to attend all hearings through my lawyer and if essential can i attend via google meet as i want to go back abroad for work purposes. kindly advise how to seek exemption for me and my mother and how many days it takes and do we need to sign any papers for exemption or is it just a normal petition through lawyer

T. Kalaiselvan, Advocate (Advocate)     14 December 2024

You can file a petition under section 205 cr.p.c. seeking to dispense with your perosanl appearance before court for the reasons you rely upon. 

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