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Karan (Engineer)     08 December 2013

False dowry allegation

Hi Experts,

I had queried in my last post about my parents had been called by police to give statement as my in laws & wife had given application with false allegations on me & family.

https://www.lawyersclubindia.com/forum/Urgent-dvise-required-498a-93439.asp#.UqPxANIW1po

I am happy as my parents visited the police & submitted all relevant proofs to convince them that allegations are absurd. Now as a next step they have asked me to visit them for giving statement & I am planning my travel. I am having some very important quries. 1) I have sufficient pics, videos & docs which will prove that allegations on me or family are false. so their application should get rejected in future. After that I will try to get the copy through RTI. Pls suggest if I am missing anything. 2) When I will visit I am getting feel that police will try to persuade me for restituion but I have seen so worst days & this is the first time I am getting a chance to come out of such horrible situation so I want divorce, but same time I want custody of my innocent baby. Need your inputs on how to move further to achieve both. I think I must explain police that joining again with my wife & family is a big threat for me & I can't take any chance now even if they give assurance in writing. 

Look forward for your earliest suggestions.

thnx



Learning

 8 Replies

Laxmi Kant Joshi (Advocate )     08 December 2013

1. had your parents got the complaint copy of your wife from the caw cell , if yes then go through it and keep the evidences which you have against her alligation upon you , make a strategy to respond all her allegation effectively and to cancel all her allegation , speak nicely but in effective way in the claw cell , no need of worry caw cell is not a judicial wing It has no judicial power It is for, to mediate in between the parties and try to solve and make settlement between them and also either the complaint is false or not , take the photocopy of the complaint and give suitable response of it as you have enough proof with you .2. Pl. tell you have a baby boy or a baby girl and also the age .3. what qualification your wife have , is she working either in government or in a private sector her designation and salary etc. 4. for filing divorce in the court you need some ground for that , after attending the caw cell you will get the photocopy of the complaint take that point to mental cruelty upon you and filed the divorce case u/s 13 , 13(i-a) .
1 Like

Karan (Engineer)     08 December 2013

Thanks LKJ Sir, 

1) Complaint copy is not given to my parents, but in that same allegations are mentioned which were stated in a notice we received through a lawyer few days back (before call from police). About this police was not informed & they got angry on my in laws when they came to know about the notice from my parents. In notice & her application to police same allegations were found (related to cruelty against her from me & my family for dowery) & she is seeking maintenance. But this all is false so I can easily prove it. I don't want settlement as in a relation ship respect for each other is must which is not there in our case & in worst case I would want her to develop it inside her by living alone in my native place for 6 months atlease, I would bear her living expenses. My daughter would live with my mom-dad cheerfully & she can always visit her but by lving alone she has to prove that she is develop the respect for us & maturity in herself. I belive If she can surpass this observation priod successfully than we may move further for settlement. This is my plan till now. 2) My baby is a girl, 2.5 years old now. 3) Till now my wife is not working, she is BCA & not a sincere or talented, but if she will ready to live in my native place I would help her to get a small job which will develop sense of responsibility. 4) After getting a copy of rejection of her allegaton, can I use it for mental cruenlty, what is the best way to handle the situation when everybody including police will negotiate with me to settledown. Allegations were so bad that I can't forgive them. But my baby's custody & future is equally important for us. Pls guide. Thanks.

Karan (Engineer)     08 December 2013

Sir, one more thing, I am very said as due to all such nonsense from my in laws my baby is suffering. whenever I talk about my baby & this matter I am unable to stop tears most of the time. I feel same will come out while I will be giving my statement to police. how it can impact on me or my statement then. I mean its positive or negative.

Laxmi Kant Joshi (Advocate )     08 December 2013

Karan ji I want to know how and why this situation occurs , what mistakes behinds that , It is clear without any reason nobody wants to spoil her/ his married life , pl state the truth . 2. this moment you are seems to senti. control yourself and think wisely and tackle your problem confidently , visit caw cell on due date , 3. The caw cell , advocates , judges everybody wants to union the families therefore everybody is trying by their own . 4. think with calm mind that what relief you want , you want to give her a chance and want to save your married life and again live joyish life with your family , i tell you family is too precious in everybody life .5. if you think you had given too much chances to her and all are in vain now time has come to teach her a better lesson then go for divorce .6. nobody I.e. police, advocate and even judge force you to live with her , they only can give you chances & advise . 7. if allegations were turn down you can file divorce on the ground of mental cruelty upon you by your wife by filing false charges upon you . 8.she will get maintenance for herself and your baby if she will file a case u/s 125 crpc in the family court . 9. caw cell has no power to force you to do any thing , negotiate the matter etc , you do as you wish be brave .

Laxmi Kant Joshi (Advocate )     08 December 2013

Karan ji I want to know how and why this situation occurs , what mistakes behinds that , It is clear without any reason nobody wants to spoil her/ his married life , pl state the truth . 2. this moment you are seems to senti. control yourself and think wisely and tackle your problem confidently , visit caw cell on due date , 3. The caw cell , advocates , judges everybody wants to union the families therefore everybody is trying by their own . 4. think with calm mind that what relief you want , you want to give her a chance and want to save your married life and again live joyish life with your family , i tell you family is too precious in everybody life .5. if you think you had given too much chances to her and all are in vain now time has come to teach her a better lesson then go for divorce .6. nobody I.e. police, advocate and even judge force you to live with her , they only can give you chances & advise . 7. if allegations were turn down you can file divorce on the ground of mental cruelty upon you by your wife by filing false charges upon you . 8.she will get maintenance for herself and your baby if she will file a case u/s 125 crpc in the family court . 9. caw cell has no power to force you to do any thing , negotiate the matter etc , you do as you wish be brave .
1 Like

Karan (Engineer)     08 December 2013

hi sir, can i explain everything over a call..

Karan (Engineer)     08 December 2013

Sir,

1) My wife is lazy & immature girl. Not ready to make any adjustments in her lifestyle. She gives importance to her parents & siblings even to cousins. She consider me & my family villagers. they belive that if marriage is a bond where wife is responsibility of husband & wife is to enjoy & husband is to follow. Her mother has developed this in all as her father is just like a pupet. I have given my 6 years to educate her that bond of marriage requires lot of care. Male is the leader & he is to take care of wife, wife has to sacrify herself. But my wife is unable to come out of her pathetic culture. I could have tolerate anything but she had been cruel to my daughter too. She scold her & uses lemon/chilli to frighten her to obey her & pi in bathroom instead of outside bathroom. You tell me is this a way to teach anything to a child who is just 1.5 years old. I have fought many times but now I have a chance to get rid of her. I want my baby's custody too.

But law is so cruel that if I will go for divorce than my daughter will suffer with her/family (they can't give a good life to her as they are always busy in their own self obsession). You wont believe these people are exceptions.

If I go for settlement then I have to suffer with her...

I am too worried for my child...& unable to decide.

great india (manager)     09 December 2013

Jus chillax for few days. May be a month. Divorce is not a cakewalk. Wait n wait...let her make a move first. But don't fight. If they do...keep evidences n records. That helps in future. Mantra is chillax for at least a month. If they come for negotiations..... Keep ur demands n poinys but patiently...... N don't budge if u dnt want to but only politely... Till then read all posts in this forum... N get learnt n wise too....
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