False Allegations of Dowry
Manpreet Singh
(Querist) 16 February 2018
This query is : Resolved
Dear experts
I have filed for the divorce on the grounds of mental cruelty. Now, a complaint has been filed against me and my parents in women cell by my wife. First counseling has happened and we have been given the date for the second counseling. We have just passed one year of marriage. Now, my question is, can my wife file an FIR against us with false allegation of Dowry? Do we have this kind of clause in law that wife can file FIR on the basis of above allegations until 6 years of marriage?
Ms.Usha Kapoor
(Expert) 17 February 2018
Yeah! false or true before divorce proceedings come to an end your wife can file a dowry case against you.
Vijay Raj Mahajan
(Expert) 17 February 2018
Not necessarily complaint against you for dowry under the Dowry Prohibition Act, wife can always file criminal complaint against you for acts of cruelty under section 498A IPC wherein the cruelty includes dowry or money demand from the wife apart from various other acts of physical or/and mental cruelty by the husband and in laws. Its her right to put false or correct blames/charges and court is supposed to decide if her charges are correct or not. If court find her charges against the husband and in laws are correct then these people go for jail yatra/journey otherwise they get acquittal order. The real trouble is that during the period of court proceedings which take many years the fear is their in the mind of all accused as sword is hanging on their head. Best advise is to agree for paying the wife alimony amount, return her Istridhan and go for divorce by mutual consent.
Manpreet Singh
(Querist) 17 February 2018
During the second counseling, can police arrest husband and his family on the basis of FIR if she files it there and then? They cannot arrest without investigation or they can?
Ms.Usha Kapoor
(Expert) 17 February 2018
Till recently ifa prima facie is made out against husband and iun laws they were put behind jail. Now Supreme court amended rules.After investigation guilty would be jailed.
SHIRISH PAWAR, 7738990900
(Expert) 17 February 2018
You cannot predict that which case your wife can file. Only right you have is to fight out the case. If you have any apprehension about arrest and filing of complaint you can always file anticipatory bail before sessions court.
Dr J C Vashista
(Expert) 18 February 2018
No, none of you shall be arrested by police in any number of counselling. However, the CAW Cell shall have to seek permission of arrest from senior police officer, which is generally not granted.
Manpreet Singh
(Querist) 18 February 2018
My family has already disowned both of us. Also, she has not appeared even once in the court in last three hearings. We ere staying in delhi, my family is staying out of delhi. We have visited there just twice in one and a half year. No phone calls between her and my family from last 6 months.Still she is putting their names into the complaint she has filed in women cell.
