False dowry harrassment and sexual harrassment case
lancy
(Querist) 13 May 2013
This query is : Resolved
Respected sir,
i have false dowry and sexual harrassment case filed by my wife with whom i am seperated by court as expartie order on 22nd sept 2011 as she never bothered to attend in court after recieving summons, but she filed FIR in police one week before the judgement of seperation that is 17th sep 2011,and chargesheeted in the month of may 2012.but i am working in aborad so i was not investigated by police before filing chargesheet and i got anticipatory bail in nov 2012 from district court and after i attended the hearings too.also court gave me permnission to go aborad for work on condition that i have to be present in court when its obsolutely required for hearings.now the problem is coming june 13th there is hearing for the case and my wife has summoned too,and now she wants to withdraw the case.but as i know she cant withdraw the case by her own wish as that case false under non compoundable.but what other ways she can find or we can find to close the case so i come out of stress.she has no proof or any true witness for her more over i never taken a single paisa from her or her family nor i harrassed her.so i am not scared of any punishment for me as its false case only,but i want to come ut of that stress but as she only wants to finish the case then how we can sort it out?my advocate says he can do it but she has to meet him before the hearing so he will guide her what to do like that,but i cant find the solution,can any expert please advice 1) what we can do other than filing application to quash the case in highcourt as it takes long time again may be,2)is it possible to close the case with her possitive statement so judge can give order as its not true so cancelled the case,3) if she says she filed false then wether she may recieve any punishment for her won for making false case and wasting others time and money and creating metal harrasmment for other party? plz advice.
Devajyoti Barman
(Expert) 13 May 2013
1, Filing for mutual quashing is netter option.
2.she may not agree.
3.yes, she is unlikely to do it. If you wish end the litigation then do not force her to do that thing.
lancy
(Querist) 13 May 2013
thank you for replying,
1)but can we file mutual quashing in same court or we have to move higher court?
2)i dont want to continue relation with her as i already obtained a seperation order from the district court as expartie for 20months now and which she never challenged so can i get marry again as i am catholic and no divorce in christian marriages only seperation as my advocate says.
3)if we file for quash wether she may reciever reprimand or and fine or punishment for wasting time of others?as i dont want she get punishment as i have one daughter of 4 years who is with her and i support my daughter too even i am not with her as i dont want my daughter suffer because of her stupidity
Devajyoti Barman
(Expert) 13 May 2013
1. high court
2.without decree of divorce you can not remarry. You may have got judicial separation which is not divorce.
3.no question of punishment.
lancy
(Querist) 15 May 2013
ok sir i understood your reply,thank you very much.it seems unless we aproach the high court our case will be heard as normal and the outcome will come according to the court time and formalities in the present court where charge sheet is filed.
regarding your reply for no. 2,as i got judicial seperation from my wife for 20months now and what i have to do to get marry again?my wife not challenged the court seperation order but as i know she not ready to sign divorce also,then how i move ahead with this problem,as my advcate tole me i can marry anytime with this order,is there any seperate law for christians for divorce?and what is cannon law?so i am confused as i dont want to fall in other trouble again as i am already tired of this useless allegations.
please advice.
Raj Kumar Makkad
(Expert) 15 May 2013
You cannot re-marry pending separation order from your wife. Separation is not a divorce. Your marriage is still subsisting so after expiry of separation period, if your wife neither re-joins your company nor come forward for divorce then you may file it.
lancy
(Querist) 15 May 2013
respected sir,
as yu said i can file for divorce after seperation period expires,but what is the expiry date from the date of seperation order? as i got seperation order on 22nd sept 2011.
lancy
(Querist) 15 May 2013
more over i dont want to rejoin her as she made my life hell like filing false dowry and sexual harrassment case on me and my family,i just want to end her from my life from having any kind of relation as it may not cause any harm anymore.
