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Vishal Kumar (Asst. manager)     28 May 2013

Wife filed false complaint

Dear Ld Members,

 

I got married in Feb., 2012. After four months my wife lest the home as she wanted to live sperately with me and filed false complaint with Mahila thana against me and my family on 11th March, 2013. It includes the money spent by them in marriage and that we used to harraa her for car etc. I attended all the three councellings and denied to compromise and live with her separately.

 

Till now, I haven't heard anything from Police. The file is said to be with the DSP. Now, I have been advised by a lawyer to separate all the items given by them during the marriage and keep them separately. He also said that as soon as the FIR will be filed the police will come for the recovery of the item. But the fact is my wife's father just gave some household items. Though in the complaint he claimed that he has spent Rs. 16 lakh in the marriage which includes furniture worth Rs. 1 lakh and other things. He gave some jewellary to his daughter at the time of marriage which they took away when she left the home in June, 2012.

 

1) Can police ask us to surrender all the items that she will mention. Since we shifted to the new house so she knows whats new at our home. We do not have any bill for any of our furniture that we have at our home and even other items.

2) Can't we defend on the point that since no list was prepared during the time of marriage so this is a complete fake list ??

3) We don't even know what all charges they will frame against us. 498a is for sure. But I don't think they can file for 406 as nothing regarding the same was mentioned in that complaint (The hard copy of the complaint was not provided to us but I read the complaint).



Learning

 5 Replies


(Guest)
Originally posted by : Vishal Kumar

Dear Ld Members,

 

I got married in Feb., 2012. After four months my wife lest the home as she wanted to live sperately with me and filed false complaint with Mahila thana against me and my family on 11th March, 2013. It includes the money spent by them in marriage and that we used to harraa her for car etc. I attended all the three councellings and denied to compromise and live with her separately.

 

Till now, I haven't heard anything from Police. The file is said to be with the DSP. Now, I have been advised by a lawyer to separate all the items given by them during the marriage and keep them separately. He also said that as soon as the FIR will be filed the police will come for the recovery of the item. But the fact is my wife's father just gave some household items. Though in the complaint he claimed that he has spent Rs. 16 lakh in the marriage which includes furniture worth Rs. 1 lakh and other things. He gave some jewellary to his daughter at the time of marriage which they took away when she left the home in June, 2012.

 

1) Can police ask us to surrender all the items that she will mention. Since we shifted to the new house so she knows whats new at our home. We do not have any bill for any of our furniture that we have at our home and even other items.

2) Can't we defend on the point that since no list was prepared during the time of marriage so this is a complete fake list ??

3) We don't even know what all charges they will frame against us. 498a is for sure. But I don't think they can file for 406 as nothing regarding the same was mentioned in that complaint (The hard copy of the complaint was not provided to us but I read the complaint).


If she is claiming as anything as to be hers, all questions wil arise, transport slip, purchase slips with vat number.

 

Now there is only tu tu main main left to be done in station, as both of you dont have bills about items at home.


Jwellery she cant claim again, for that also if she does, she has to show valid bills.


As far as the 498a goes, get AB for yourself and all at home, if you want to avoid arrest.

Adv k . mahesh (advocate)     28 May 2013

1) Can police ask us to surrender all the items that she will mention. Since we shifted to the new house so she knows whats new at our home. We do not have any bill for any of our furniture that we have at our home and even other items.

 

your wife may have mentioned what all items are giving in the marriage and you have to handover and take acknowledgement

 

 

2) Can't we defend on the point that since no list was prepared during the time of marriage so this is a complete fake list ??

 

if you have bills you have purchased you can defend without any thing how you will defend some source should be there as evidence for your point 

 

 

3) We don't even know what all charges they will frame against us. 498a is for sure. But I don't think they can file for 406 as nothing regarding the same was mentioned in that complaint (The hard copy of the complaint was not provided to us but I read the complaint).

 
wait and watch for the d day 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 May 2013

nothing left to add

Vishal Kumar (Asst. manager)     28 May 2013

@ Mr. K. Mahesh, all the items that she will mention will be false as they didn't gave anything to us and I am sure police will believe them as the common tendency. But how can we stop them from doing so ? As even they don't have the bills. How can we stop the police from taking all these items into their custody ?

 

I am also confused whether police will ask us first for the list of items that we admit being given by my wife's father or they will directly come to our house and will take whatever the list is submitted by them. What is the remedy for us in both the case ??

 

 

Vishal Kumar (Asst. manager)     29 May 2013

Latest info :-

 

I was just checking the cause list of the haryana court and found that a case has appeared in my name against my wife. The case head suggests CRMP and it was for appearance on 28th May, 2013 (yesterday). What does that mean ??? It doesn't includes any lawyer's name.

 

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