Proof

I was in the impression that if any false case is there then for a woman side just a statement is suffcient but now what i can think that she too have to prove those false alligation.

Please correct me if I am wrong.

https://lawyersclubindia.com/forum/Judgement-helping-innocent-husbands-24586.asp

there are many things to create doubt, like if you have proof you were in office  at that time, in one case credit card usage and parking slip of owners car were used and taken as evidence. if case is a counterblast to a divorce petition it itself becomes a big doubt factor. so adbvice to all males who think they cannot by any means live together , and are under constant threat of fake criminal cases is to file divorce first in consultation with an expert matri-criminal lawyers group.  this will help a lot in fake criminal cases later, also collect all evidence which can prove opposite party guilty and keep u safe.

Sorry Avnish,

But I am of different opinion particularly if Husband is well off and wife is aware about his income.....the reason being...

No matter how bad wife has behaved or filed false cases, she becomes eligible for maintenance as soon as husband files divorce or says that he is not willing to take her back......This is the law of our land.........I have gone through many judgement and in some of them even when there were clear evidence that wife filed false cases and husband tried to convince wife to stay with him for couple of years....Wife did not get maintenance in first application....later on when husband filed and got divorce on desertion and cruelty by wife....wife again filed maintenance and got it this time and judge said that even though she has deserted you but now you are divorced and I can't ask wife to stay with her ex-husband. However since she is dependent and can't come to you, you need to provide her maintenance as per law

So what I would sugget each and every Husband (who has been falsly implicated in various cases with family)
1) When a rift happenes and wife leaves to her parent's home....first file a police complaint (general diary...I am not sure about the terminology) that wife has left the home after physically and mentally attacking me with so and so gold and money....also mention that all her belongings are with her now and you are expecting false cases.
2) She would still file 498a along with other cases, but a copy of above complaint would help you in getting Anticipatory or regular bail.
3) If she asks for divorce without any condition (money) during above stage.......simply give her and take a statement in terms of affidavit in crpc 125 or any other case from her that she is more capable and rich then you and don't need any money and it is she who wants divorce and not you but the Husband is happy in whatever wife wants and hence agrees for divorce.....also take it in writing that you or your family memeber have never treated her badly by you actions or words and she was treated well...but you are getting separated due to incompitability...............This should take care of any future claim of maitenance. If any child is involve then try to take custody of the child as a condition to divorce...if not possible make an FD in childs name based on your capability and will and mention the amount in settlement.

4) IF SHE IS NOT READY FOR DIVORCE AND NOR WILLING TO RETURN (WITH APOLOGY IN WRITING OFCOURSE)....THEN BE READY FOR LONG BATTLE....EVEN BHAGAWAT GITA SAYS THAT WE SHOULD AVOID WAR BUT IF SOMEONE CHALLENGES US THEN SHOULD DO OR DIE AND REMEMBER WE (INCLUDING ME) ARE THE FIRST FEW DROPS OF RAIN WHO WOULD HAVE TO GET EVOPORATED (STRUGGLE) TO CHANGE THE SCENARIO JUST LIKE OUR FREEDOM FIGHTERS LIKE BHAGAT SINGH ETC. DID. NOW DO THE FOLLOWING
 a)  REST ASSURED THAT YOUR 498A CASE WOULD NOT COME TO COURT TILL 2 YEARS OF FILING CHARGESHEET BUT 125 WOULD START
 b) To avoid grant of interim maintenace, Simply file your reply in full with all the available proof of your liabilities, medical expenses of your family members and pled to court that I would be more than happy to take wife back and is ready to do anything for it (YOU NEED TO JUST DO THIS EVEN THOUGH YOU DON'T WANT) and believe me when such cases starts your wife would do just the opposite of what you want.
 c) Since you have co-operated and showed your willingness to take wife back without any condition, Judge would be hessitant in granting interim maintenance if your wife has not provided any proof of her allegation. (I AM NOT SURE IF INT. MAINTENANCE IS GRANTED OR NOT IN THIS BUT I ASSUME THAT IT WON'T BE IF YOU FOLLOW THIS).
 D) THEN LET THE CASE GO IN FULL FLEDGE AND MAKE SURE THAT YOU TAKE MINIMUM ADJOURNMENT AND IF POSSIBLE BE PRESENT IN EVERY HEARING AND PLED TO JUDGE THAT YOU ARE READY TO TAKE YOU WIFE BACK VERBALLY AND IN WRITING
 E) NEVER FILE FOR DIVORCE FIRST IF YOU REALLY WANT TO FIGHT..TELL HER THAT YOU WON'T FILE RCR OR DIVORCE AND IT IS HER WHO WOULD HAVE TO TAKE THE INITIATIVE NOW.
 F) I KNOW YOU MAY LOOSE THE COLOR OF YOUR HAIR OR EVEN YOUR HAIR IN THIS PROCESS IN FEW YEARS BUT REST ASSURED THAT YOUR TURN WILL COME IF YOU DON'T LOOSE HOPE......MAKE SURE THAT YOU DON'T LOOSE THE FIGHTING FIRE IN YOU....AND EACH DAY MAKE A RESOLUTION THAT YOU WOULD MAKE HER PAY FOR EACH AND EVERY DAY YOU SPEND IN AGONY DUE TO HER FALSE ALLEGATION AND THE HARRASEMENT SHE HAS DONE TO YOUR FAMILY
 G) THE COURT MAY OR MAY NOT ORDER HER MAINTENANCE BASED ON THE QUALITY OF THE CASE....BUT REST ASSURED THAT IT WON'T BE OUT OF YOUR REACH...AND FOLLOWING A TO F WOULD HAVE MADE HER REALISE AS WELL THAT YOU ARE A REALLY TOUGH NUT. AT THIS STAGE ALSO SHOW ALL YOUR EAGER NESS TO TAKE HER BACK ONLY IN COURT BUT NOT OUTSIDE AFTER ALL SHE HAS JUST GOT A SMALL AMOUNT MONTHLY AND NOT WHAT SHE WANTED (A HUGE AMOUNT) BY FILING SUCH CASES.......THINK THAT YOU ARE EARNING LESS AND MAKE IT DIFFICULT FOR HER TO GET THOSE MONEY FROM YOU......YOU LAWYER MUST BE KNOWING ALL THE TRICKS.

THE ABOVE SUGGESTIN WOULD HELP ONLY IF YOU ARE READY TO FIGHT TOOTH AND NAIL AND YOU THINK THAT YOU SHOULD MAKE A DIFFERENCE........HERE MANY PEOPLE WOULD TELL YOU THAT LIFE IS SHORT AND PRECIOUS BUT LET ME TELL YOU ONE THING.......IF ANY OF THE NATIONAL OR INTERNATIONAL LEADER (BE IT A POLITICIAN, FREEDOM FIGHTER, SCIENTIST, JAWAN) WOULD HAVE THOUGHT IN SIMILAR WAY THEN THE WORLD WOULD NOT HAVE BEEN STANDING WHERE IT IS.

aLL THE ABOVE SUGGESTION ARE NOT HELPFUL IF YOU ARE NOT CONVINCED THAT YOU WOULD BE ABLE TO SPEND YEARS IN LONELYNESS AND AGONY....BUT ONE THING IS SURE....IF YOU CAN DO IT THEN YOUR WIFE AND IN-LAWS WOULD BE IN MORE DESPERATION TO FINISH IT OF THAN YOU.
 

Thanks PC for such a wonder full explanation 

Any way my question was was for the proof that has to be given from the wife and husband side in case of false case by wife but you even explained the things to be done in case of maintenanace.

Let us say now a husband is having all the proofs and if she comes back during this case.  What a husband do?

As after coming she can even charge the husband even with more serious charges. Husband has to live his life just in collecting all evidencess as long as she is with him.

Just a thought came to my mind.

James,

1) If she is interested in money (which I am sure every 498a wife is because if a women is not interested in money then she can simply get divorce based on intervention of elders just like she married to that man without any fuss and even if she wants to file 498a case to take revenge - she would also file divorce along without any claim except true items of streedhan), then she would not return to your home as she knows that if she returns she would have to scrap the existing claim/allegation/demand and would have to start from scratch.

2) Before taking her back....tell her offline that whether you come or not, you won't get a single penny from my property/money and I have already registered my will......

3) The level of forgiveness and the marital offence carried by each husband is different and you are the best judge of your spouse and can decide whether she would behave well or not.

4) If she really wants to come then she would be also ready to write that the allegation were false (I MEAN WHY SHE SHOULD NOT BECAUSE IF IT IS NOT THE CASE THEN WHY THE HELL SHE AGAIN WANTS TO LIVE WITH THE HUSBAND).

5) If she writes as per point-4 then after observing her for some months (and if she wants to live with you) you can convince her to give it in writing (or through confession in video) each month that she is being treated well and she is happy. That we each month you would have solid proof if she does it again. Similarly you should also do such thing in writing or through video if she wants.

6) In any case first rigister your will excluding him so that even if she had bad intention then also she won't suceed in what she wants.

7) Each parents does lot of sacrifies for their child.....SO ONLY AND ONLY IF SHE IS READY TO FOLLOW ABOVE STEPS THEN...you also need to think first about the interest of you child (If you have)

8) If you don't have child then think hundred times before bringing one with such a wife........Its always better to not produce a child rather than spoiling the life of any.

I am sure you would not have to follow above steps if she wins the maintenance case (becasue all such women wants is easy money without any duty).........but if she fails to win the maintenance case then you are in the commanding possition and can follow above steps if you really want to give chance to her and if she asks for such chance........but tell her that she is not going to get single penny once you die as you have already transffered/willed your property to someone else........I am sure she won't return and rather bargain for divorce.........THAT IS TODAY'S WORLD THAT PEOPLE LOOKS FOR GAINS EVEN IN RELATIONSHIP LIKE HUSBAND & WIFE WHICH IS THE BASIS OF HUMAN KIND.

GOD BLESS YOU.

Dear PC,

You reply was really a helping hand for all.

Just I wanted to know that is it possible to say in court in front of Judge that I am ready to take her back (this is what you are mentioning again and again) but what is the guaranty that she will not repeat the same again (once all allegations made by her proved to be false). She can even charge for some more serious allegation. Should I live daily searching for proofs against the wife? Can a law of the land protect me that in case if she files any case again it should be rejected.

Is it possible to ask her to give statement in writing in court about her life span in in-laws house giving details about what was the behavior of all peoples towards her and what she did in her married life and in future she has no right to file any such case against he husband and in laws.

Sorry if this looks funny from a lawyer point of view but I wrote as a lay man.   

Thanks in advance.

James 

Are bhai mere,

You can take every thing in writing while taking her back only if she wishes to write such thing....you can't force her to write.........and even if she writes such things....she can still file false cases later on.....thats why I told you to tell her that she won't get anything even if she returns except residence, food and other necessity.....if she is after your money then she won't come.....but even if she comes then below should be helpful.

Thats why to I told you to take a periodic confession in writing or through video that she is being treated well.....that should help you even if she does it again

Need Legal Help,

If you want divorce, then you would have to pay her maintenance that is the law even if she is at fault......u r suppose to maintain her as long as she doesn't get married again and thats all she and your in-laws want..

Thats why I told u that the right way to fight with such greedy people is to exaust them and don't file divorce first....you may have to spend some years in lonelyness (if you can't find a GF in between to support)....but eventually it would pay up as when the time passes for more than a year or two....they would be in more urgency to finish these things....and at that time u can call the shots.

This is the game of nerves and you might have played the game "who ever blinks the eye first looses"