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inam   14 February 2016

498a misuse

dear all,

pls help me, my wife has filed a flase case against me for dowry, she and my son lives with her parents for las three years, she dont want to live with my parents family, she want me to live alone with her, or she will stay at her parents house, this condition laid by their family to me or they will file case of dowry against me, i my self is only working in my home , father , mother, two borther and two sister all are dependant on my work only , so dispute arises from the first day only but, i was waiting that by the time will pass she may change, but lastly she filed case, that last 31jan16 she was beaten by mother and forced to get out by father and me, but she is not satying with me for last 3 years, everyone know my neibors and village people , every know this case that she is not staying with my family, my son is studying at village private school at his maternal village.

pls help if any ways i can prove that she is not staying at my home instead her parents and falsely implicating the same, and she had also filed case for maintenance at family court, 

CJM court has filed the case, kept it with them for investigation, 

now i am fed up with them, i dont want to stay with her

one thing i am mislim and last four year back we had aproached our muslim court, darul qaza imarte shariyah, where i had filed for "vidai" and they came to court there quazi had asked her that if any dowry is demanded then she had not accused and she was agreed to stay with me but after a week she again went back to her parents and after that she is staying with them, 

darul qaza kazi is ready to give me docunmentry proof of decision the she was found guilty, and now dowry was or any kind of harrassment was from side.

pls help all how should i approach, my advocate is saying that i should file "rukhsati" case in family court, this will help me in getting bail and my family,

but i doubt if she also accept the same with wrong intenion, then i will be agian in more trouble, when she stay with me and do some wrong, then in this case i will be in more trouble, because this time it will be impossible for me to prove she is wrongly fabricating me. because i had to report every month in the court .

pls guide me with the same



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 2 Replies

KS Johal   14 February 2016

Please answer some of the questions? Q1: Has the marriage taken place according to the Hindu marriage act? Q2: What is the date of marriage? Q3: Has it been registered? (if registered please provide date). Q4: From your scenario I understand that you are a Muslim. Is it not easy to get a divorce within Muslim law? (The reason I say this is because you have stated that you do not wish to stay with your wife).

KS Johal   14 February 2016

Please answer some of the questions? Q1: Has the marriage taken place according to the Hindu marriage act? Q2: What is the date of marriage? Q3: Has it been registered? (if registered please provide date). Q4: From your scenario I understand that you are a Muslim. Is it not easy to get a divorce within Muslim law? (The reason I say this is because you have stated that you do not wish to stay with your wife).

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