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amrit kumar (job)     05 October 2016

Women cell- 2nd meeting- false dowry nd harassment case by wife

my wife had lodged false dowry and harassment complaint with women cell . we got a call from women cell to come nd put your statement. we went there nd first we read the complaint . all false allegation made by wife . and in the statement she told that she want divorce because she is harassed nd mentally torched for dowry. i given my statement that i dont want divorce and all allegation are false. my wife and in laws told them to file FIR without delay as they dont want to come again nd again to women cell. women cell make report that first counseling has failed nd put our case for mediation cell at district court.

my queries are:-

what would be done at mediation cell? if that also fails than what will happen next, whether women cell will make recommendation for FIR /498A case.

plz guide me what should i do next . my wife clearly mentioned in statement that she want divorce because of such cruelty but also at same time they are asking women cell to lodge FIR.

Plz guide what should i do because now i also dont want to live with her. she is such a cruel lady that i cant explain. marriage is 5 month old. she only lived for 8 day in my hosue.



Learning

 14 Replies

anil   05 October 2016

divorce before one year is not possible , try for anulment , if you have any ground for it, if in 8 days marriage is not consumated then put denial as gournd , get her history  & present of b/f and link to current days , in every phone call say i m recording your voice and then record it else file a case in police for recording 

 

its very difficult to get divorce so try mediation and MCD.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     05 October 2016

Whatever she might have mentioned before the CAW cell is generally the trend of how women use gender biased laws to malign and humiliate their husbands . Do not worry . Give a written statement denying all the allegations mentioned . In fact if you too want divorce , then you could also tell the Caw officials that you have no objections in case the marriage is dissolved . Also check in case she has alleged whether her stridhan articles are still within your possession . If so then deny the same as well . In case mediation fails , you both shall be asked to exchange lists, and then based on the said lists, an FIR shall be registered upon the recommendation of the ACP . Thereafter seek bail by engaging a good lawyer. Augustine Chatterjee 9999931153

whatnot   05 October 2016

Deny all allegation in writing as told by Mr. Augustine.

 

Inform them orally that you wish to go for mutual consent divorce if other party agreess.. But no compensation.. Or as little as possible..

 

Sad if you had only 8 days of marriage bliss.

But on a hindsight, it is good that there is quick separation..

Before 1 year marriage , not much can be done.

 

amrit kumar (job)     05 October 2016

Marriage not consumate. Nd i have mentioned the same in my statement. Now Her intention is to put pressure on me by false dowry nd harrsahment case and to get money from me. She is ready for divorce but at the same tym she want to file 498a on me.

amrit kumar (job)     05 October 2016

Marriage not consumate. Nd i have mentioned the same in my statement. Now Her intention is to put pressure on me by false dowry nd harrsahment case and to get money from me. She is ready for divorce but at the same tym she want to file 498a on me.

sai narayana   05 October 2016

If you are also not interested in this marriage, both can go for amicable settlement by filing MCD by approaching supreme court if T&C are met.

Himanshu Singhal   06 October 2016

Hey Amrit Kumar, if the result of mediation doesn't turn up to be fruitful then an FIR will be filed against you and then the whole legal formalities if bail, evidneces, arguments starts. You should do something to avoid this hassle. 

At this stage, I would humbly advise you to get in touch with a dynamic divorce lawyer and discuss your case in detail with him. I myself is not a divorce expert but I have friends who are dynamically good when it comes to divorce and criminal law matters. 

Feel free to get in touch with me @ 9953321193

Himanshu Singhal   07 October 2016

@autohide4u

Dear annoymus expert, I would like to tell you that a good lawyer will be able to tell him how to follow the process of law and by keeping that in mind how he can prepare a good defence.

 

Lawyers are imporatnt at before FIR stage as well, advisory role of Lawyers is very important.

A walk alone (-)     08 October 2016

If her intention is only money then dnt go for settlement. Wait for sometime she will herself come for MCD on your terms and conditions. Once the case start she has to prove her allegations. Without evidence she can't prove. Her case will be dismissed.

amrit kumar (job)     08 October 2016

Whether they file FIR just on the basis that mediation fails?? Someone told me that if mediation fails an inquiry officer will be apppointed nd if he found somthing wrong only then FIR will be register nd Thas too with the order of magistrate??? I dnt kw the whole process what they will done after mediation. Everybody is giving differnt view. Can someone please clear this..because as per latest supreme court guidline now days they can't directly file FIR???

amrit kumar (job)     08 October 2016

Whether they file FIR just on the basis that mediation fails?? Someone told me that if mediation fails an inquiry officer will be apppointed nd if he found somthing wrong only then FIR will be register nd Thas too with the order of magistrate??? I dnt kw the whole process what they will done after mediation. Everybody is giving differnt view. Can someone please clear this..because as per latest supreme court guidline now days they can't directly file FIR???

amrit kumar (job)     08 October 2016

Whether they file FIR just on the basis that mediation fails?? Someone told me that if mediation fails an inquiry officer will be apppointed nd if he found somthing wrong only then FIR will be register nd Thas too with the order of magistrate??? I dnt kw the whole process what they will done after mediation. Everybody is giving differnt view. Can someone please clear this..because as per latest supreme court guidline now days they can't directly file FIR???

anil   29 October 2016

what is the status of your case amrit ? did you got fir or settlement

amrit kumar (job)     02 November 2016

Its in mediations cell for next 3 month.. wife want money to settle the issue ...mediator also trying to convince nd threaten me to give money else get ready for line of cases...

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