Wife filed fake complaint in caw cell
Jitender Singh
(Querist) 03 July 2012
This query is : Resolved
I got married as per hindu marriage act in 1998 (14 years ago) I've filed divorce case in family court (Rohini) in the month of Nov.11. My wife was not willing to come to the court and on 4th Apr.12 my case was ordered for ex-parte evidence and the date was fixed 15th May.12. On 15th May she appeared in the court with a fake application that I have mis-guided her as not to come to the court and matter will be sorted out within family and also requested to set aside ex-parte. Next date fixed is 18th July. In the meantime on 29th May 12 she has filed a fake complaint in CAW cell wherein she has mentioned thaat me and my family used to beat her/torture her for want of dowry and demanded for dowry all the time which is not at all correct. Also they've attached a long list of articles incl. jewellery her parents gave at the time of marriage and the jewellery which was given from our side. out of the total items of jewellery only 10-15% was given from both the sides and rest all is fake.
Moreover, it seems that either they've got connected to the I.O. with reference of some top official or bribed him as the I.O. is talking in their tone. Even on the 1st hearing 12th Jun.12 while leaving I.O.'s room my wife attacked on me and I was beaten by her and her brother. Thereafter her brother also threatned me for bodily harm if I don't come back.
Prior to this there is no complaint against me or my family from my wife's side as there was nothing of that kind as demand of dowry or beating her due to any reason.
Seek help as how to get rid of it and also want to know wether any arrest can take place in this case. An early response to my querry will be highly appriciated.
Guest
(Expert) 03 July 2012
A false dowry case, when filed by the wife, has to be contested by the husband on merit. Since she has filed the complaint, you should immediately apply for notice bail to thwart the possibility of you going behind bars.
Jitender Singh
(Querist) 03 July 2012
Thanks Mr. Ashish Davessar. Since I was married 14 years ago, and have learnt from many people that wife or her parents cannot file case/complaint in context of dowry against the boy/family. Is it true?
ajay sethi
(Expert) 03 July 2012
seems to be a bogus complaint . it appears to have been filed after you filed for divorce . the fact that complaint is filed after 14 years of marriage seems to be a bogus case . apply for quashing in high court
Jitender Singh
(Querist) 03 July 2012
Thanks Mr. Sethi.
Yes you're right. Since she does not have any genuine defence in court, she has filed this fake complaint in CAW cell as a counter blast. Actually her brother is not a good person. He has always favoured her even if she was wrong and all this is happening due to him only. He's hell bent to send us behind bars. Can you pl. advise as requested above as any action like arrest can be done in this complaint as our marriage is 14 years old.
Thanks in advance.
ajay sethi
(Expert) 04 July 2012
even if your marriage is 14 years old if offence is continuing one wife can file complaint . in your case there are allegations that she is beaten for not bringing enough dowry . her jwellery is retained .
so complaint can be filed .
Shonee Kapoor
(Expert) 10 July 2012
Get AB.
Lodge a complaint against the beatings.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
