LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

azure (self)     27 May 2013

Options after annulment

Hi Guys, 

I had filed for an annulment of marriage in Jan and after the notice was served, my Wife and FIL had filed false dowry, mental harassment case with the women police in Feb. When we were in UK, FIL even wrote letters to the Indian Embassy requesting for my depotationto india in Nov last yer.

During the course of marriage, they have even cheated me and held my salary (since me and my Wife shared bank account details) by transfering to her account.

FIL was present for the first hearing of annulment in April and had accepted all the allegations verbally. My marriage now has been annuled, and the order/decree has been passed.

My question is, if I can file for a defamation and a criminal 420 case. What are my odds. I was told that since no one (public) is going to read police complaint, it does not amount to defamation. 

Thanks



Learning

 6 Replies


(Guest)

First it should be proved that she filed false cases against you, then you as well as your parents individually month after month file defemation case on her, ask huge money as compensation, let her roam to courts for some more years after you have come out clean from the 498a etc. Till then wishing you strength for your knees to roam court halls.

azure (self)     27 May 2013

Thanks for the above,

I am prepared to bare with the court visits after witnessing the effects of their evil doing on my parents and my life

The police case had been withdrawn soon after the FIL accepted all allegations in Family Court. 

I anyhow have all necessary proof against the false allegations with the Women police.

As of now, She is in UK currently and I do not know the repercussions of the letter sent to Indian embassy in UK, if it will affect my further travels there

Regarding loss of my salary, which in INR is alot and the crime was commited in UK,  Can i file for a 420 in india ?

For defamation, can it be both criminal and civil defamation ?

Adv k . mahesh (advocate)     27 May 2013

Joint account means both account holders can withdraw after filing 420 against her means she can claim that she had taken oral permission from you to take money from joint account 

so if you have any evidence to show that without your knowledge she had withdrawn that amount you have chances to file the case 

with the help of the court order copy you can submit to the women cell and this will have a good response on your remaining cases 


(Guest)

On what basis did you file annulment?

azure (self)     27 May 2013

Thanks for the opinion. 

It was not a joint account. She has a consultancy firm in UK and I was employed under her company rendering service to another company. She did not release my salaries for 2 months which is quite a lot in INR.

Should I ignore the 420 case since it was done in UK and not India and focus on defamation only?

The annulment was acquired on grounds that "No proper religious ceremonies was caried out and there was no consummation of marriage" In my plea to the Family Court for annulment, I did mention that the FIL had threatened to file dowry and mental harassment cases (baselessly, which he did eventually after a month) and also mentioning that they had withheld my salaries. 

In the First hearing, he did accept all these charges against him orally. and submitted a "no-objection".

and hence I got my annulment after First hearing itself. 

This might seem like a collusive suit but it is not! as I feel I am at a terrible loss here

I have a true copy (acquired by RTI act) of the case file which was submitted by FIL to the Women police cell. Is this enough for defamation ?

azure (self)     28 May 2013

Guys, please help with regards to above query as I have to move quickly

 

Thanks


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading