False dowry cases
Aditya Sharma
(Querist) 18 March 2012
This query is : Resolved
Hi,
I am also a victim of false cases registered under section 498 (Dowry), 316 (Miscarriage) and physical assault. I have to take Arrest stay from Allahabad Court and later Interim bail after two failed meeting with them. In Mediation, we both agreed to live together and for last 3.5 months, she is with us at our house. I have to take this decision because of my family. I was suggested to compromise and react later but I don't want to continue relation with her and want to move on.
Actually, I initiated this with sending a petition for Divorce under section 13 as I was fed up with her and her family's activities and was thinking that she will think for the relation seriously but her family reacted in this manner. At last, I have to take my case back from Delhi High Court after this compromise.
We tried to negotiate and settle the matter with money as it was not looking possible to continue this relation but they were not ready for this. now she has left for her house and nothing is fine between us. I have not received any information regarding next date for mediation so that this case can be closed.
Please suggest, how I can get rid of this and what should I do right now.
Raj Kumar Makkad
(Expert) 18 March 2012
In the given facts, you can file RCR citing therein the entire story of past and her willful leaving your society without any cause. Let her react. I think either couple should internally sort out entire differences and should try to live life with a new look and if failed should make sides separate.
You have very limited options.
s.subramanian
(Expert) 19 March 2012
You can file a fresh petition for divorce un der the changed circumstances. There is no bar. But try to fight to the end and see that you get the relief you want. Wish you all the best.
Nadeem Qureshi
(Expert) 19 March 2012
yes,
Dear Aditya, you can file a fresh petition for divorce with new circumstances and facts.
feel free to call
Shonee Kapoor
(Expert) 19 March 2012
Don't file RCR, second divorce petition with new facts is maintainable.
Also, I doubt that your petition was in Delhi HC. It might have been some court in Delhi
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Aditya Sharma
(Querist) 20 March 2012
But how should I act legally now. Shony, I filed my case in Delhi High Court, Karkardooma and took back in Dec hence case from my side is closed but from her side is still on. Next date for mediation should be there. Just want to know, how will i be informed and what will happen in case of her negative response against me and my family.
Shonee Kapoor
(Expert) 21 March 2012
So the case was filed in Karkardooma.
As there has been a breach of agreement, that would be a fresh cruelty.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 22 March 2012
RCR , SEC 13 CONTESTED DIVORCE etc are useless to solve problem
IT DELAY. SPOIL CASE,
Either go for MCD , OR TRY TO SETTLE.
Shonee Kapoor
(Expert) 23 March 2012
If MCD/ Try to settle is not an option, then what Mr. Shroff?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
