Regarding false dowry case
Asghar
(Querist) 25 October 2011
This query is : Resolved
Hello Everyone,
I’m Asghar Ali working for MNC in Bangalore. I got married 2 years back and I’ve daughter who is 12 months old. 3 months back my wife applied for Khula (Divorce) in local Jamat (Mosque). She has given in petition that she’s not happy with me and she went through harassment and torture. Last week my wife’s petition came for hearing in Jamat (Mosque).
The first question was raised by Jamat (Mosque) that if she’s not happy then how come you delivered baby girl. Love and affection should be both the end (Husband & Wife), if you love your husband you shouldn’t have submitted the petition in Jamat (Mosque) seeking Khula (Divorce). She kept quit and she didn’t respond to jamat (mosque)
The second question was about harassment and torture. When she was asked to tell some instances where she faced harassment and torture, she was not able to tell anything instead of keeping silence. Her family also not able to tell anything about it
She also blamed that once she saw I was sleeping my sister-in-law’s room. For that Jamat (Mosque) asked whether my sister in law was there in that room when I was sleeping. She said no
Also when the final conclusion was asked with my wife’s uncle, he made the statement that “Knowingly or un-knowingly we put our leg in mud and we don’t want repeat this at any cost” which was directly harassing me and my family.
After going through the discussion I was asked by Jamat (Mosque) to submit the petition from my side against these allegations, hence, I submitted the petition by giving the clarification against these allegations. For few instances (like my wife’s silence on harassment & torture and my wife’s uncle hurting statement) I’ve mentioned the jamat (mosque) is witness for the same. If my wife file the false dowry case against me, Can I take jamat as a witness for the same. Can jamat deny becoming witness in court?
Please suggest me the best according to Indian law!
Thanks in advance!
Devajyoti Barman
(Expert) 25 October 2011
You can definitely summon the competent person of Jmat as witness of your case.
But what would be the benefit?
The Jamat as the competent authority to grant Khula asked certain questions before coming to a conclusion.
That does not mean that you are innocent and the allegations of your wife is false.
I do not see much relevance in this witness.
Asghar
(Querist) 25 October 2011
I can proove the court that my wife never had any such harrasment instance when she was with me for which Jamat (mosque) is witness because she did not opened her mouth in front of the jamt (mosque); however, if she's coming up with new instances now it's builded one to put me in a problem.
Devajyoti Barman
(Expert) 25 October 2011
Then wait for filing of the case where you could prove her misdeeds.
Shonee Kapoor
(Expert) 25 October 2011
You can not short circuit and bring jamaat to your defence w/o case being filed against you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
