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Psaxena (analyst)     21 October 2014

Wife complained in caw..no fir yet. seek urgent advise!

Hi Seniors,

Here is brief snapshot on my case:
Got Married in 2013. Wife left home after 5 months of marriage and living with her family. Wife was demanding divorce with Maintenance. To force the pressure for extracting money, she has lodged a criminal complaint with CAW couple of months back against me and my parents who reside in my hometown and we both(I & wife) settled in Delhi. She stayed there at my hometown just for few days after marriage and we came back to Delhi as we both were already working here. Few fake allegations in the complaint copy that I received through RTI - Father-In-Laws called the mother and sisters of complainant and tortured/harassed for dowry. Husband is alcoholic and physically and s*xually assaulted complainant. Husbanded demanded dowry and extracted money forcible from the MIL. Husband took all the jewelry and articles that came in marriage from both the parties. Adultery on part of Husband. Mother in law harassed the complainant...etc. Now she is asking for the huge alimony(unaffordable) in return of withdrawing the complaint. Wife working and earning handsome salary. It's already few dates in CAW. Can she lodge few more fake complaints in other PS apart from CAW, to force extortion of alimoney? Autorities at CAW seems to be descent and understand the truth(not sure), they suggested: After supreme court decision in July, arrests are not made like they used to be earlier, hence no need for applying NB/AB at this time as it will get rejected and be referred to mediation. Shall I follow the advice?


Learning

 13 Replies

prakash chandra jain (proprietor.)     21 October 2014

dear. mediation is always better.you should file a petition for direct divorce because in your story, sufficient grounds of cruelty inyour favor.if you prove that she is earning sufficient to maintain her as per her normal needs, she is not entitled to any alimony.prakash chandra jain advocate indore. free legal aid to needy. no-09826779759

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 October 2014

The Supreme Court of India has ruled that a woman is entitled to claim maintenance from her husband if her independent income or earnings as a single woman are insufficient to maintain the standard of living she was accustomed to whilst living with her husband.

Satyadarshi Kunal (advocate)     21 October 2014

She is making a ground for divorce and maintenance. Although arrests in such cases are not very frequent these days but I suggest you to take some legal action to safeguard your future. I can suggest you the nature of legal action only when you make your mind clear as to whether you are willing to live with your wife or not.

Regards

Satyadarshi Kunal

Sudhir Kumar, Advocate (Advocate)     21 October 2014

arrests are not banned in such cases.  better act as advised by Kunal.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     21 October 2014

If your are privately employed then switch to another job and go to some other jurisdiction / city / state and don't disclose this to anybody. Not even your lawyer.

 

Start a new life there. Cheer!

Rajender Kalra (Men's Rights Activist )     21 October 2014

You should immediately hire a good lawyer and move accordingly...do no take it for granted that arrests will not happen

Psaxena (analyst)     21 October 2014

@Kunal & Sudhir:

that's already decided. Dont want to live with her now after all what she did. Neither she does, as she herself admitted before IO that she dont want to reconcile and live with me. Please suggest the legal action to safeguard me and my parents and also to strengthen my case and bring the truth to victory.

Psaxena (analyst)     21 October 2014

@rajender: Lawyer already hired. He advised no need for bail application at this stage. He said will file once the case will be goint to transferred to respective police station from CAW with their conclusion report. Shall I follow this.

Sudhir Kumar, Advocate (Advocate)     21 October 2014

If you have engaged lawyer then he is in a better position to assess the damage and advised.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 October 2014

You should also register a couter FIR against her.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 October 2014

DV is a quashi-civil process. It can be converted to 498A or 125 CrPC of both. Please register a counter FIR against her immediately with all supporting documentary evidences and circumstantial evidences (Sec 3 of Indian Evidence Act 1872) you have.

 

I think, you should appear in-person (Without Advocate) is Session Court and apply for Anticipatory Bail (AB) U/S 438 CrPC to be in safe side.

T. Kalaiselvan, Advocate (Advocate)     22 October 2014

Do not be misguided by the advises of some victims who post their experience her in the name of suggestion/advise.  Since you have already engaged a lawyer locally, cooperate with him if he is found to take you on a right track, in my opinion, he may right asking you to wait for the report by CAW Cell and onward transmission of the case to the concerned police station for adopting proper preventive measures after that.  Once she has already approached CAW with dowry harassment complaint, she cannot approach another police station with the same cause of action, if she does, you can challenge it n the basis of her previous similar complaint.  You do not have to bow down to her pressure for alimony arrangement through mediators, nobody can force you to part with the same as per their desire, you may ask them to approach court upon which you will obey the court orders in this regard.  Let she approach the court with divorce or maintenance case, you can challenge it with the help of facts and merits in your side.


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