498a , sec 3 & 4 of dp act
mohammad asif khan
(Querist) 04 January 2014
This query is : Resolved
i am a muslim living in dubai, i was married to a muslim woman on 07-12-2009 according to muslim shariah law at my place in mahaboonagar,A.P.INDIA, i left to dubai to join my job on 29-12-2009. in the month of march-2010 my wife left my house without saying any thing to me to her brothers house( she is an orphan )only reason she left was " i had objected her to go to his brothers house on the occasion of her brothers engagement, because she was pregnant at that time and their brothers financial condition is not good " so then their brother and uncle came to my house they had taking away my wife without my permission and they were threatened that they would file cr.cases on me and my family. at that time i have made correspondence to police office by way of making an application to save my marriage and police came to my rescue and matter was settle down by sitting the panchayat of both the family members.
at the panchayat my wife wants to stay at her brothers house only she doesn't want to come to my house and she also states that my family members never torture her in any manner, so i have agreed to her wish and i had sent money to her bank ac. from dubai and she stayed at her brother house till she delivered a baby girl.
after this she again started playing with me and black mailing me on phone.... if i couldn't take her back to dubai she would commit suicide..... i am helpless in this situation and i have inform about this to the panchayat head but those people are not shown any interest in it.
at last i have pronounce divorce to her in the presence of QAZI in hyderabad, A.P. INDIA on 30-09-2012 and got the divorce certificate from AP WAQF Board and informed the divorce issue to my ex-wife through registered post and send the IDDAT period maintenance in the form of DD to her.
right now on 16-09-2013, my ex-wife approached the women cell at mahabubnagar, made complaint against myself, my brother-in-law, my sister, my mother, and my sister(widow) by stating that my brother-in-law had taken Rs.1,10,000.00 by his uncle for my job upliftment in dubai on 09-12-2009. further she states that my brother-in-law is the whole and sole person who has taken responsibility of her at the time of marriage.
my mother and my sister(widow) uses to beat her and demands her for add.dowry.
she also states that i didnot inform her on my departure to dubai on 29-12-2009 and later i didn't contact her till this date. she further states that after knowing this her uncle made an inquiry regarding my back ground they found i had been married earlier with two different girls. this cause we hide with her at the time of my marriage.
above are the allegations on me and my family.
can any one please help on this issue with references.....
Shonee Kapoor
(Expert) 04 January 2014
First thing first, seek bail.
Thereafter check whether the iddat amount was accepted by her. If it was, then the case can be straight away quashed, otherwise, it is a long battle to get the same quashed.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
mohammad asif khan
(Querist) 04 January 2014
dear shonee sir,
as you said seek the bail first, we have applied AB in sessions court and A2-A5 got the AB. myself(A1) didn't apply for bail. is there any problem for me.
one more thing i would like to inform you that my ex-wife is got married to another man on 25-11-2013 and i got the certificate of this marriage from QAZIAT office, mahaboobnagar.
will this certificate is enough to go for quash or any thing else we would have to produce before court.
please suggest me.
ajay sethi
(Expert) 05 January 2014
allegations made by ex wife have to be contested on merits . you have give a point by point rebuttal of the allegations made . merely because your ex wife remarried is no ground for quash .
T. Kalaiselvan, Advocate
(Expert) 07 January 2014
A muslim woman cannot have two or more husbands at a time. If you are sure that she has married another man without divorcing you, her latest marriage will not be valid and you can have a reason for pronouncing talaak against her. However this cannot form aground for quashing the cases against you. You may contest the cases on merits especially based on the latest developments too.
mohammad asif khan
(Querist) 07 January 2014
Dear sirs,
as you would told me regarding the second marriage of my ex-wife, at the time of forming this case, they were told to the police that " she is still in my marriage and she is ready to perform her duties at my house "
my brother-in-law showed to the police the divorce certificate(01-10-2012) and application to police( which was sent by me from Dubai to various police officers i.e., DIG, SP ,CI, Womens PS SI on the day when my ex-wife left the house ( mar-2010 ) ) incharge of WPC, CI bluntly ignored the documents and carry on filling the case.
true facts :
my brother-in-law didn't have any sort of involvement in my marriage, at least he would not attend my marriage(07-12-2009) and later also he did not visit my house.
after my wife left my house(march-2010), my sister(widow) was shifted to Nellore dist., due to his daughters admission in a famous college for higher studies. she did not visited mahaboobnagar till now.
my mother(widow) staying with my younger brother from 2008( before my marriage ), who is ailing from kidney disease and getting treatment at bollineni hospitals at Nellore.
ajay sethi
(Expert) 07 January 2014
we have already advised you to contest case on merits
mohammad asif khan
(Querist) 07 January 2014
dear sethi sir....
how many year it will take to clear these unbiased charges against me and my family....
if I am going by merits.... then I think I have to prove my self as clean and it will take years and years....
the courts can't see it before proceeding the case further as you said " on merit ".
There is no-evidence at all for taking and giving of dowry in this case.
how the police dept., have booked these bogus cases against innocent men and women.
is there any provision in law to grab these defaulters.
S.QAISAR ALI ADV.
(Expert) 08 January 2014
As case has been lodged against you n your family members,all accused must apply for bail,then on the basis of divorce certificate of waqf board,receipt of money sent for iddat maintinance by you the case should be contested on marit. Except this proceeding of panchayat and arbitration judgements be also placed in trail.
