Hi Legal Experts,
Since 2 months I am struggling in a Fake Allegation of Dowry and Domestic Violence by my Wife and her family.
After 3-4 visit in Women Cell, case is moved to court and just completed first mediation in court today where second party(My wife and her family) just came and signed for attendance but did not visited after 2 hour for Mediation as per scheduled time by court.
SI is assigned by women cell and SI still have to take my statement on this case although I have given all the proofs to her and waiting her to call me for statement. she has to make the charge sheet.
Following charges are imposed on me
498a, 420, 504, 323, 506IPC, 3/4
Here is a very short story of case
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I was married as arranged marriage on feb 12.
For first three month married life was running fine, after that some unbearable activity from my wife came into my knowledge on 4th July 2012 which I was observing and suspecting from some time that she has an affair with a boy named ######## (Contact No. ########) before marriage and that she kept continued after marriage. I have all the evidence for the above fact. Even after knowing that I have a doubt on her she didn’t stop her acts and continued by other alternative means (hidden Mobile & Number ########). She accepted that she was forced by her parents for this marriage.
I was under mental pressure due to which my family and her family were informed about this problem on 6th July 2012 and her family accepted their daughter‘s offence so they took her back with them. After having 3-4 meeting with her family we brought her back in end of October 2012 with an agreement.
But even after we brought her back, her nature of saying lie, deceiving and not being transparent with me is continued. Now her family also started doing unexpected/unbearable, deceiving action that resulted in disturbance in my married life and my complete family life.
Since 26th April 2013 she is living with her parents for her Brother Marriage shopping and other activities (Marriage was on 13th May 2013), for marriage she took all her gold jewellery. Afterwards we noticed that she has also taken Electronics Items Bills and all her educational certificates and all belonging documents back with her.
On 7th July 2013, they lodged a complaint of fake allegation of dowry and domestic violence on me and on my family members and they are threatening us. I was called at Mahila Thana, Lal Quarter, Lohiya Nagar GZB on 8th July 2013 and I went there as per the scheduled.
I have all the evidence to this effect i.e. (Gmail chats, Photographs, Wife Mobile Bills, Agreement, and Discussion Audio Recordings).
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last year in November 2012 We made a agreement for below points
First party is me and second part is my wife, this agreement was noterised and signed by my parents and her parents as witness and photo of me and my wife attached in front page.
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- 1. That both parties will be spending their marriage life with happiness without any hindrance and disturbance from each other. If any hindrance and disturbance raises both parties could be spend separate life after mutually dissolve of marriage.
- 2. That as per the proof against second party (i.e. Google chats, phone calls and photographs), the second party was having affair with other boy namely ######### before marriage that continued after marriage and it is major reason for the differences in married life. So the second party should forget him and his existence in her heart. If second party again talking and taking interest in her boy friend, in this condition the first party is liable to dissolve their marriage and second party should also cooperate him without any conditions along with their parents.
- 3. That the family members of the second party knows/accepted that their daughter was having affair with other boy thereafter if the second party again repeats previous similar activities then the family members of the second party will be liable. The first party is liable to dissolve their marriage and second party also cooperate him without any conditions and the parents of the second party also cooperate.
- 4. That the second party is liable to manage their matrimonial life along with their in laws if she found defaulter, the first party is liable to dissolve their marriage with cooperation of second party without any conditions and parents of the second party also cooperate him.
- 5. That the first party will be also cooperate to carry marriage life with second party and second party will cooperate to first party without remembering past affair.
- 6. That after the settlement/collusion of marital life if the second party found guilty or hindrance or defaulter to carry marital life with first party, the first party liable to dissolve the marriage in the competent court of law and second party also cooperate him without any conditions and parents of second party also cooperate him.
- 7. That as per the collusion/settlement the second party joined her matrimonial life with first party and if the second party takes any type of illegal step in future to harm herself the first party along with family member will not be held responsible.
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I am open for a reasonable settlement, but they demand complete expense they incurred in their daughter marriage (14 Lakhs)
I have contacted lawyer but overall I feel that lawyer want me to understand that Still I will be in danger zone only as all the rules are in favour of women in India.
Even I am correct and have all evidence and I gave my wife a chance to save the marriage life but it failed and now I am facing such a brutial act for her side.
Need right guidance for expert people...
Regards
Vinay
