False case of dowry & dv under 498a,323,504 ipc
Guest
(Querist) 12 March 2018
This query is : Resolved
Dear Sir, My wife filed false case of dowry, DV (Caveat shows sections-498A,323,504 IPC & 3/4 D.P. Act) against me and my whole family(parents,younger brother, elder sister) along with one of my uncle under the influence of her parents.We stayed together at our working location in other state from our native state.Within 10 days of our marriage she started troubling me with her behaviour to leave quickly for working location. Just few days after that when we were at or working location,Gurgaon,I received info that my mother had suffered heart attack.When we were leaving for my native place she started her dramas when we missed the train due to her and she broke her bangles,removed mangalsutra,etc. However after that when we reached home it was going smooth but again we had quarrels in interval of 20 days.Her parents on complaining always played dual character. I was already in trouble as my mother was later hospitalised in apollo and I had to cross 30 metro stations everyday from Job to hospital & back.Meanwhile I had to bear with my wife's torture. We stayed together for 3 months after which we had serious quarrel in which she dragged my landlord and he being old man had to ask me to vacate his house and I had to vacate it.I was under tremendous pressure due to my mother's serious health & if I indulge in violence I could face dowry act ,so I thought to leave rented house to avoid that.But I didnt took my wife along with me back to home just to teach her & her family a lesson.She also left for her native place next day according to my landlord, but she didnt turned even once to matrimonial home.Her father came to our home for discussion but with false blames of DV on me.It was decided that none will talk to each other for 3 mnths as everybody is in anger,but before that my Wife under her parent's dual character filed an FIR with false allegations looping my whole family. Despite showing Judge some whatsapp messages of girl that it was her own will to marry me after turning down, the Judge without verifying allegations sent the case to mediation. Through several meetings ,she was ready to live with me then again under her parent's influence changed her mind in next meeting. Since the marriage was arranged at my native place my family took the whole responibility and done major expenditure covering the girl's familiy's part as well. But the Family is so shrewd that they are asking for 40 L which they could nt afford to earn or spend, all under the influence of their counseler.They dont have any document to show that marriage was arranged by them as we have done all things for catering marriage hall ,stage,etc. But the mediation centre doesn't verifies either of these . Morever today's appointed date Girl's mother openly declared in High Court mediation centre in front of my mother that she will register another FIR against me for calling her daughter on phone.Can we register counter FIR against her for this. Till now we have failed to register any counter case against them as on given dates of appearances lower courts face strikes,judge is on holiday,etc kind of reasons. I know that whole law is with the woman and we have to pay price for not filing FIR first because my wife used to indulge in violence and who thinks to break marriage in 1st 4 months.But we & mediation centre knows by my in-laws response that they want to enjoy their daughter's and my salary. There have been no. of sittings in mediation with the latest one in which my mother-in-law threatened my Mom to file FiR against me. I want to fight against these culprits but dying slowly due to my parent's old age ,health & my brother's future. Every lawyer,or police is of the view who have seen the caveat have declared as the weak case. My sister lives with her husband in different state AP.She wasnt available at the time of violence.It was my wife's parents who have filled her ears with abuses & false stories of blaming her character.Wife has hardly lived for 10-11 days after marriage and in 2-3 days during holi festival at matrimonial house. How can we tackle with cross FIRs as they registered in July last year and without mediation getting failed we cant register different FIR on them. I m pretty sure if they can ask for what they havent spend they can keep on plot to suck for compensation as well despite my Wife earns as well.Fortunately I have one of her letter with Dept transfer with salary break ups.
Vijay Raj Mahajan
(Expert) 12 March 2018
With such long story of matrimonial dispute between both, best option for you is to file divorce rather filing criminal compliant against her. If she's going on wrong path of filling false criminal complaint then take advantage be of that wrong and move towards getting out of the broken marriage.
I see no purpose will be served if you're going on filling all these criminal cases against each other which ultimately will fail and you both remain in square 1 where you both started. Only people making benefit out of these criminal cases are advocates of both side and police personals.
Guest
(Querist) 13 March 2018
But the other party is not willing to withdraw case and proceeds for divorce,they demand as huge as 40-50 L which neither of the parties can afford.The in-laws are under strong influence of their counseler and mother-in-law has threatened my Mother in mediation centre ,that she will lodge another FIR just because my wife & I had met on railway station on several occasions while returning to or work locations after attending mediation centre dates. The in-laws are quite adamant about their demands as they have given different lists this time with huge no of articles of stridhan which they never ever gave,morever they added our household items in their own list.
Vijay Raj Mahajan
(Expert) 14 March 2018
If the other party not coming forward for mutual settlement of the dispute in amicable manner because under the influence of their advocate/lawyer/relatives than best course for you is to move forward and file divorce case against the wife. The Divorce case filled in the Family Court by you will definately be referred to the Mediation and Conciliation Centre of the district court by the Principal Judge of the Family Court where the Mediator will try his best to resolve the dispute in amicable manner. I have handled lots of such cases where ultimately the adamancy of the wife side got resolved and divorce by mutual consent ultimately resulted
Guest
(Querist) 04 July 2018
Went through a series of dates in High Court for mediation where wife first agreed to stay with me,then in another date refused to stay with me separately.Even in the middle of these dates we met several times in train while going back to our working location.She put conditions that we can be together only if I stay away from my family to which I also asked her to leave her family.Finally in coming dates she refused to stay and asked for mutual divorce as the bride's greedy family was focussing on 'Stridhan' instead of saving couple's marriage.Her counseller & her family already planned to get 40-50 L if I don't leave my family & stay separately with her.
After a series of tormenting dates in Mediation Centre ,High Court for almost a year the final day came up where we got to knew that a big mastermind plan was being cooked up using 'Brahma-Astra' 498A to demand as much amount as they can through the video they made secretly while fixing the amount for marriage arrangements. They showed the video to mediation counseller claiming that a bag full of 20-25 lakhs has been separately given to my father.But then counseller turned down their claim saying that such claims cant be proved in cases as to what is how much is inside bag ,it will result in endless arguments.
Their intentions behind the marriage surfaced as clear as crystal.If the groom doesnt goes the way they want ,they can claim huge amount using false case of dowry.However an amount was reached after several discussions and claims.After all bride's family has 'Brahma-Astra' 498A, who can question them ,its we have to prove our innocence. They didnt returned our jewellery,but we returned theirs to get rid of them.We thanked God for saving our family from such deceitful & greedy family.
However there are still somethings left,like the date has been provided for appearance before High court which has been given in November.
Earlier we have appeared before Family Court Judge and signed for divorce.The false case hasn't been lifted against my family as the
court was closed in June and the settlement file by mediation centre wasnt shared to resp Judge to close the case.
Nowadays My Company is planning to send me abroad for long and in this July I have to appear once before the COurt which I can do.
But the long wait till Nov date for final appearance before HC Judge is tormenting me because I am likely to travel abroad in
6-8 weeks after that I cant afford to come back quickly in a couple of months spending huge amount from my pocket just for this
Divorce proceedings.Our Family has already suffered huge loss in arranging marriage & then paying hefty amount to greedy Bride's Family
for false 'stridhan'.
Its very clear from Mediation Counseller's words that both families want to dissolve the marriage.
The Courts given date in November cant be preponed for me, and the court never has any sympathy for groom's party.
Is there any way that we can schedule that date much before or keep that date postponed to 4-5 months later as my overseas travel
wont allow me to quickly return within short span of time.Morever I guess Court wont pay heed to my concerns that my overseas round trip could
cost me 1 Lakh and much more.Please reflect some light because there must be some resolution to this as so many celebraties travel abroad despite having cases on them.
Guest
(Querist) 06 July 2018
In short the cooling period of 6 months given by court ends in November, and divorce will be given on the same day of appearance in High Court in Nov.But the biggest problem is for me as My company is processing Visa for me and they would be arranging for overseas travel in 6-8 weeks.Now I cant travel back such a long distance just for the Divorce & court proceedings and that too on my pocket when I have already agreed paying hefty amount of STridhan on basis of false Dowry case.Is their any way that I can get it postponed to 4-5 months later next year or get it preponed? After all both the parties wants to dissolve this marriage.
Guest
(Querist) 06 July 2018
In short the cooling period of 6 months given by court ends in November, and divorce will be given on the same day of appearance in High Court in Nov.But the biggest problem is for me as My company is processing Visa for me and they would be arranging for overseas travel in 6-8 weeks.Now I cant travel back such a long distance just for the Divorce & court proceedings and that too on my pocket when I have already agreed paying hefty amount of STridhan on basis of false Dowry case.Is their any way that I can get it postponed to 4-5 months later next year or get it preponed?Whatever I was supposed to earn I may lose by spending it in coming back for Divorce in court appearance. After all both the parties wants to dissolve this marriage.
Guest
(Querist) 15 April 2019
Resolved after long dates.
