Rohan (SE) 30 May 2014

Threats for 498a and other dowry cases

FIrst of all I want to say sorry for a long desciption but I thing this is good for a better understanding of situation

Basc Intro-

I am s/w eng from Noida . I am basically form Kanpur(UP) and my parent is living in hometown.
Wife is an MBA and was working before marriage but not now (as per my knowladge), now she is doing BTC form kanpur.

My partents(boht are cenior cetizen) has two children me and my elder sister. Sister has been married and she is living with her family in different city.

Problem descripttion-
married on Jan 2013, she stay with me till July 2013 after that she is with her patents.
the reason for desertion is her affair with another guy (she accept it and also I have proof of her affair), she was continuing it after marriage .
as per her this marriage was forcefully done by her parents,

MY wife is separated from me (living with her patents) from past 1 year. I have tried to solve out problem through talk
with her family but everything in vain, In april girl came with her family along with some other people (aprox 10 ppls) and forcefully entered in home in kanpur,
that time my father was alone in house . those ppls misbehaved with my father and put him pressure to let
her live in the same house , so he called police through calling 100.
They had threatened to ruin our all family members. and destroy us. Instead of all these things I have
tried for a peaceful solution so I have approach mediation center in our local court (me and my wife's home town is same city)
and apply for mediation.

In mediation - Her family did not take seriously and girl come with only her mother and misbehaved with me
and my family. (due to her behavior counselor also suggest don't took this lady again in your house other wise
u will be in pain), her advocate is trying to cancel mediation from starting but there is a next date in july
(It seems last date bcos they are not in mood for a solution)

she is threatening to file 498A, 125, DV and other dowry cases, It has a great chances too. So I want to prepare myself for facing these cases.

Need suggestion and Advice-

1. I have 1 month time( till last date in mediation in july ) to prepare my self. so please suggest
how to prepare myself for dowry cases. I am very much afraid for my parents because they are targeting
to my parents and their property.

Property matters- As I suspect the main motive behind the dowry cases is property and money.
The whole property is earned by my parents (not ancestral) and in their names so should my parents
need to disown me from their property.

2. What steps we should take for facing 125 maintenace case (should I take any loan ..)

3. How can I manage to get call details of her and her bf from 2013(after marriage). I need to produce it as
a supporting proof if I have to proof her relation with guy after marriage.
should I contact service provider with a request to not delete records for these numbers and provide when it
need for judiciary purpose ,OR there is any way so i can find call detail when it need to produce

Reply Follow

6 Replies

Solomon Raju (Advocate High Court of A.P.) 30 May 2014

First file adultery case under 497 IPC against her with all the proofs and her boyfriend. That will be helpful for you to defend your 498A. Also better send a complaint to your Local Superintendent of Police and the place where she is studying with her address that she is in illegal relation with the said boyfriend and if she files any 498A that is a false case and keep all her fee receipts of her college and enclose the said copies to show that she is staying away from you from such period. Also request the Superintendent of Police in your complaint to direct the Local SHO not to arrest you without properly enquiring into all these facts.

This will be good defence for you. But first issue a legal notice that you have found her in adultery enclosing all the proofs and you seek divorce under the said ground. You need not pay her even single pie due to adultery...Be strong first and inform your parents to have hearts of steel because you will not feel stress due to her but you feel pressure from police and due to pendency of proceedings...If you wont risk now you shall face her for your life time..choose wisely which will fit you best...

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 31 May 2014

Please take reference of my post from the following link also: -

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U4nYjXbYVdg

T. Kalaiselvan, Advocate (Advocate) 01 June 2014

Advocate Solomon Raju has very properly addressed your query, I agreee with him, you may proceed as per his advise.

Biswanath Roy (Advocate) 02 June 2014

Proving adultery against wife will be a hard task. Better you may engage one Private Detective Agency to collect illegal and doubtful relationship with a male person.

Lodge a written complaint in the local Police Station alleging that your wife left your house voluntarily on such and such date without taking any consent from you because your wife is reluctant to continue her married life with you as the marriage was solemnized against her her wish and without her consent as she loves her boy friend namely............................residing at ..............................whom she likes to marry.. But when you replied that you will file RCR case against her she intimidated you that in that event she will definitely file 498A CASE AND DV CASE AGAINST YOU AND AGAINST YOUR OLD PARENTS for harassing you and your family and with the intent of lowering down your prestige and social reputation

In my opinion if your narrated facts are true then your married life with that lady will not be peaceful at all so better to end such relation while it is nipping in the bud by filing a Divorce petition in the Court.

Biswanath Roy (Advocate) 02 June 2014

Collect a written report of Investigation from the Private Detective Agency which can be used as cause paper in your Divorce case and can be placed before the court as an evidence.