False allegations for dowry and physical abusement

what is the problem is not clear from this query means 

1. what she wants a happy married life or hell in her life

2. parents interference normally in married life is common but that should be limit and does not spoil there own daughter married life

3. talk to there parents or as you told that 9 people came so choose from them a wise and elder person and discuss with him 

4. if you want even mutual divorce is not possible before one year because for divorce term only you should need one year 

5. to prove the marriage is void no chance after staying physically 

6. best option is to take a wise decision means discussion with elders and go for divorce legally and also meet a local lawyer of your area for better options 

Don't do anything as she simply want to Harass you on the conception of either her parents or her greedy lawyer.So,in this perception a wise man will never start a war with foolish lady by his own finance,in my opinion let her to start whatever she wants. If she files false cases then on basis of that move ahead to file divorce.My concern is here as you file any case against her the second day she will file maintenance cases on you.

As per your query your statement implicates that she is in need of seperation/Divorce with huge chunk of money.So,let her start first and watch her actions but don't miss to record all the nuisance.

Second thought:

If you are in hurry then take out the false FIR copy that has been closed.File for judicial seperation attaching this and draft a strong petition alleging the mental cruelity. done by her,as per your statement she will never join you after one year.hence you can go for divorce automaticaly after expiry of one year.

If she is not earning then we mentally prepared for maintenance that would be cost of you around 25%-40% of your take home income.

Third Thought:

Go to your in-laws house with spy cam,have a talk on whole issues as what they want,why she is doing all these,sort out the problem,50% you compromise and ask 50% to compromise her,hold her hand and come with her peacefuly and happily.

P.N-Spy cam is very neccessay  to record if they turn nasty and wild.

regards.

Hi,

I want to know

1) If we prove that all allegations are false. How can we proceed and what actions can we take?

2) Can my relatives put a legal notice against her and her parents that allegations are false against her?

3) How can we get the complaint letter from CAW and RTI?

4) I am having all proof that she is telling false.

regards.

1) If we prove that all allegations are false. How can we proceed and what actions can we take?

opinion: If cases are false you can sought relief under defamation and perjury cases against them,you are even liable for divorce and no maintenanace to her if she has deserted you without reason,if she has done adultery.

2) Can my relatives put a legal notice against her and her parents that allegations are false against her?

Opinion: What legal notice? are you giving advertisement or what?

Just proove her case false and seek relief as stated above if you are eager....

3) How can we get the complaint letter from CAW and RTI?

Opinion: Send your lawyer or relative to caw cell and ask the same.

If not then get it through RTI.

4) I am having all proof that she is telling false.

Opinion: Then fight your case on merit.

regards.

Transfer Petition Supreme Court Recent trend

These days Hon’ble Supreme court is not lenient in allowing transfer petition in favor of wife and is mostly dismissing these kind of petition and citing Krishna Veni Nagam vs Harish Nigam

In the aforesaid judgement the supreme court relying on Para-17 and 18 as mentioned below.

17. We are thus of the view that it is necessary to issue certain directions which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice.

18. We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be:-

i) Availability of video conferencing facility.

ii) Availability of legal aid service.

iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.

iv) E-mail address/phone number, if any, at which litigant from out station may communicate.

Therefore the aforementioned guidelines were issued to all the High courts to make arrangements for video conferencing instead of transferring the petition, therefore dismissing all the transfer petition filed in the Hon’ble Supreme Court.

But recently, I was successful in admitting one of my transfer petition in Hon’ble Supreme Court on the ground that the proceedings were vitiated by fraud.

In that proceedings the husband has deliberately filed the petition at a far off place only to harass the wife. the Hon’ble Supreme Court accepted this is a valid ground for entertaining the petition and issued notice.

There can be other grounds as well like-:

a. Manipulation of court records.

b. Attack on wife.

c. Petition filed to harass wife

d. Petition filed without jurisdiction by reading petition only.

For husband the judgement of  Krishna Veni Nagam vs Harish Nigam is a valid defense for husbands  for defending transfer petition supreme court.

By-:

Advocate Nitish Banka

Supreme Court of India