Ranganath
06 December 2008 at 22:38
Within five days of marriage, My wife has sent a mischevious SMS from my mobile to her mobile saying that ''I was interested in another girl before marriage and married her under pressure from my parents''. This is not true.
Along with this she had filed a dowry case against me. I was told by police that a FIR is filed U/s 420 and 417. Since we attended joint couseling session (the fact not revealed in the dowry complaint) 498a is not registered against me I guess.
We were in touch by emails after our engagement happened which was 3 months prior to marriage. She also didnt respond to my honeymoon plans before marriage and refused to come for the same after marriage.
She was not willing to live with my family and had done such an act. The marraige has also not consummated and now her parents are demanding money from us for compensating their marraige expenses. I have also filed a restitution of conjugal rights long before the FIR was registered. They have taken their belonging from my house, they have also given this in writing in the police complaint and our jewellry is still with her.
After all this harassment I want come out of this marriage too as she and her family are refusing to patch-up. Pls help me by answering the following questions. My sincere thanks for reading and replying to my questions. I am under pressure right now kindly give good advise.
1. Can the 420 and 417 FIR be quashed. For some reason my lawyer is not giving me a go-ahead to get the FIR from police.
Since we refused to withdraw RCR petition filed by me they have registered the FIR more than a week after the complaint is lodged. Is this delay justified. Mean time they were forcing for nullity based on the SMS message and were aking money.
2.I have secured Anticipatory bail in case I am arrested for fake dowry harrasment. Will the bail be applicable for this FIR too.
3. Will this SMS stand as an evidence in court for the alleged cheating though there is nothing like that in reality. The SMS message is not pointing to any other girl's name. Neither that I have any contact with anyother girl.
4. She has mentioned in her police statement that the reason for leaving my (matrimonial)home is that I didnt take her to her relative's marriage funtion and hence asked her father to take her. This doesnt seem to be a good reason to leave my house forever. Can they change the content of police complaint and statement given by her in future.
5. If the FIR is quashed can I file for divorce (within one year of marriage) bcos of the fake dowry harrassment complaint being registered and her dessertion. How long will this process take.
6.She is employed and earning more than 25 thousand per month. By any chance do I need to pay money for the marriage expenses they incurred or any kind of alimony/maintenence. I do have a financial burden in terms of EMI for housing loan.
Thanks a lot.
mehul
06 December 2008 at 22:19
my wife put crpc125 agaist me on 27-12-06.
she does notwant to come home.she also doing job but i have no proof. they wants money ,which is so much that i could not afford to give! what to do? Is their any lays or judgement which help me? If any clue which help me. she stay 3 months only.After that she go to her maika & put 498c on me,my parents & my younger sister.
At that time she having two n half months of pregnancy which aborted.so please help me..............
SHAILENDRA
05 December 2008 at 12:40
CAN A HUSBAND GIVE A PORTION OF HIS ANCESTRAL IRRIGATIONAL LAND TO HIS WIFE AS MAINTENANCE? HUSBAND IS UNEMPLOYED HAVING NO SOURCE OF INCOME.
Rajan Salvi
04 December 2008 at 22:30
A, a protestant christian married B a hindu as per Hindu marriage rites. They have two children who are brought up as hindus but there school record shows them to be christians. Children live with mother and father lives alone. There seem to be no chances of reconcialation. If husband files for divorce - under which act he should do so and if wife files - under which act she should do so? What are the avenues open to the wife , if husband refuses to maintain her and the children , but has given them his flat?
B R 123456
04 December 2008 at 14:42
Dear Member
Please tell me that for Maintenance for Child to Wife what supports of detail of my income or expenditure i have to submit to Court Please tell me in detail
Thanks in advance
With Regard
Rajesh
karishma
04 December 2008 at 12:03
what procedure is required to convert from hindu to muslim
vempada
03 December 2008 at 18:44
I want to write a will...will there be any standard format to write a will...do i need to write a will on stamp paper...if so what stamp paper is used to write a will...
secondly ...is there any will which we can be recorded in audio..i mean can i make a will in audio( recording my voice will)..
please advice...
Quashing 420 FIR and then Divorce
Within five days of marriage, My wife has sent a mischevious SMS from my mobile to her mobile saying that ''I was interested in another girl before marriage and married her under pressure from my parents''. This is not true.
Along with this she had filed a dowry case against me. I was told by police that a FIR is filed U/s 420 and 417. Since we attended joint couseling session (the fact not revealed in the dowry complaint) 498a is not registered against me I guess.
We were in touch by emails after our engagement happened which was 3 months prior to marriage. She also didnt respond to my honeymoon plans before marriage and refused to come for the same after marriage.
She was not willing to live with my family and had done such an act. The marraige has also not consummated and now her parents are demanding money from us for compensating their marraige expenses. I have also filed a restitution of conjugal rights long before the FIR was registered. They have taken their belonging from my house, they have also given this in writing in the police complaint and our jewellry is still with her.
After all this harassment I want come out of this marriage too as she and her family are refusing to patch-up. Pls help me by answering the following questions. My sincere thanks for reading and replying to my questions. I am under pressure right now kindly give good advise.
1. Can the 420 and 417 FIR be quashed. For some reason my lawyer is not giving me a go-ahead to get the FIR from police.
Since we refused to withdraw RCR petition filed by me they have registered the FIR more than a week after the complaint is lodged. Is this delay justified. Mean time they were forcing for nullity based on the SMS message and were aking money.
2.I have secured Anticipatory bail in case I am arrested for fake dowry harrasment. Will the bail be applicable for this FIR too.
3. Will this SMS stand as an evidence in court for the alleged cheating though there is nothing like that in reality. The SMS message is not pointing to any other girl's name. Neither that I have any contact with anyother girl.
4. She has mentioned in her police statement that the reason for leaving my (matrimonial)home is that I didnt take her to her relative's marriage funtion and hence asked her father to take her. This doesnt seem to be a good reason to leave my house forever. Can they change the content of police complaint and statement given by her in future.
5. If the FIR is quashed can I file for divorce (within one year of marriage) bcos of the fake dowry harrassment complaint being registered and her dessertion. How long will this process take.
6.She is employed and earning more than 25 thousand per month. By any chance do I need to pay money for the marriage expenses they incurred or any kind of alimony/maintenence. I do have a financial burden in terms of EMI for housing loan.
Thanks a lot.