Urgent: threat of criminal complaint and case in court 125 cr pc

ravikumar (Querist) 16 May 2015 This query is : Resolved
Dear Sir,

I got married on 2nd June 2013. From the second month onwards my wife demanded to leave separately and not with my parents. I am the only son and have 2 sisters who are married. I am also not earning much nor my father and leaving separately was not at all possible.

I tried to explain this to my wife many times and she would listen and be peaceful but her mother insisted to demand to leave separately and she use to quarrel in the house. She also use to chat on whatsapp with her boy friends and delete those messages when I asked her about the same.

On July 1st 2014, she left the house and went to her parents home. I tried to bring her back but she didn't arrived. Her mother and brother both abused me and insulted me of my low income. I also came to know from others that she is having an affair with her sister's husband. I don't have any proof of that. Her mother and few elders demanded a sum of Rs.7 lakhs, plus house plus jewellery and all gifts received during marriage or else they will file a case in police.

After a few days, on May 10th 2015 (11 months after she left to her parents house) I received a notice that me, my parents and sisters harassed her, tortured her and thrown her out and demanded that we take her back or give her home and maintenance. Otherwise they will file a criminal police case and case u/s 125 crpc.

I am simple person and never had to deal with any kind of legal things in my life. I heard that if criminal case is filed, police doesn't listen to our story and they can arrest the entire family. We are confused what to do now.

I have decided not to live with her and take divorce. I am not earning anything as of now and dependent on my father's income. How can we solve this problem?

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Devajyoti Barman (Expert) 17 May 2015
Well, then file suit for divorce and preferably before she files case u/s 125 crpc or any other case.
Fight the 125 crpc or any other case on merit. There is no reason as to why you have succumb to their pressure and part with a fortune. let her take from the court of law only.

Nadeem Qureshi (Expert) 17 May 2015
First of all send a reply of legal notice with the help of a lawyer and after that file a divorce case against her before family court under section 13 ( 1 ) ( ia ) of Hindu Marriage Act.

If they file any criminal cases against you and your family members then file anticipatory bail before session court or high court under section 438 of crpc.
The police may not arrest you or your family members without due procedure of law.

ravikumar (Querist) 17 May 2015
Thank you everybody for the reply. Apart from getting help from online forums like this, I also consulted a Lawyer in my area and he suggested that directly file divorce case with grounds of cruelty and Extra marital affairs. (But, I don't have anything to prove that she has extra marital affairs, but 100% sure she has the same.)

They said replying to notice is unnecessary. Some of my relatives who had some experience in legal matters are suggesting to reply to notice first otherwise it will have negative effect on my case.)

Should I reply to notice or directly file for divorce?

Once again thanks to all experts for guiding us and thanks to LawersClubindia.com for creating such a wonderful platform. I will be grateful for all the help.

T. Kalaiselvan, Advocate (Expert) 18 May 2015
There is nothing wrong in given a reply notice to her legal notice, you can do that simultaneously you can file a divorce case too as proposed.

Ms.Usha Kapoor (Expert) 21 June 2018
I agree with experts.

Guest (Expert) 21 June 2018
What is the logic, sense and purpose of agreeing with the advice of experts after one year of the closure of the query after being resolved?

Urgent: threat of criminal complaint and case in court 125 cr pc

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