False allegations filed by wife under sec 498(a), 316
Querist :
Anonymous
(Querist) 23 January 2011
This query is : Resolved
I am a muslim boy did arrange marriage before 6 months to a muslim girl. After 15 days of marriage i took her to Moritious for honeymoon. From day 1 i tried to provide her every facility of life but she always used to fight with me on small matters. she put false allegations on me regarding my late working in office and used to fight with me till morning. She also put false allegations on my parents and forced me to separate from them, as i m the only son, i can't leave them, so i denied. I even lost my job due to all these problems and non-completion of target.
On Nov 30, 2010 she has gone to her house saying her father is ill and not came back. Then whenever i asked to come back she always fought with me on phone. Then I gave her divorce and sent a divorce copy to her.
Now she has filed FIR against me, my parents and sister(who doesn't live with us) under sec 498 and 316. when she left home she was pregnant of 2 months, after recieving divorce papers she, hearself has gone for abortion without even informing us and now put a claim on my sister that she has bitten her thats why she lost pregnancy, which is totally false.
we have applied for anticipatory bail in sessions court but declined on basis that its in high courts authorities for 316 sec.
Now we will apply for high court...
Please guide me further and describe what can happen....
madan kumar tiwary
(Expert) 23 January 2011
It is difficult to understand as to what caused u both to fight soon after marriage. you committed a blunder by filing divorce suit. In India , securing divorce is not similar to foreign countries. best way was filing case to restitution of conjugal life. Now you have to prove, abortion has been committed by herself. It appears from your version, she was pregnant while left your home. You have already divorced her , how you obtained divorce is also raise a doubt . better come clean , try to control the damage , involve family members and people of society. Still you can sort out problem and start a good life.
yogesh
(Expert) 23 January 2011
fale allegations without proof is unsustainable and can be prosecuted on the application of the party
If divorce is made legally then there will be no question of 498 it needs to be quashed
you may go to the HC for quashing of the same
SAANJAAY GUPTAA
(Expert) 23 January 2011
see where she got aborted and her medical papers where it is mentioned that your sister caused her abortion and also divorce point should be raised in your quashing petition may help you.
Querist :
Anonymous
(Querist) 24 January 2011
she has filed complaint after 4/5 days of abortion so can we raise the point of why she has not filed complaint at the time of the instance? She has done the abortion and not caused by anyone. So she is at crime of aborting a unborn child. can we raise it?
Ajay Bansal
(Expert) 24 January 2011
First of all file a petion for taking divorce against her.Better to contact me at 09729985995.
