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Priya (Not working)     21 November 2014

Defamation and false dowry harrasment- sections

Hi I got married on 2012,due to bad temperament  and bad wavelength,misunderstanding,miscommuniation between us we had huge clashes.

while we are were together and fought, i wrote 2 emails to my community heads.I wrote in little vulgar language complaining about my husband.

 

Moreover,due to my father's suggestion, i filed a false dowry harrassment case(FIR not done).

Lot of counselling was  done,but we were not interested to live together.

He initiated divorce on grounds of cruelty

I am separated now.

Now, i got to know that my husband is planning to go for,

1.False dowry harrassment case

2.Defamation case.

Would like to know what are all the sections are there to support him on these above cases.

 

regards,

Priya



Learning

 9 Replies


(Guest)

IF your husband is initiating perjury. You are in for huge trouble.  If the 498a that you filed was dismissed.  And your husband files a case stating that you have lied under oath, you do time in jail for a good 7 years.  Along with all the false witnesses you produced.  Defamation is a different ball game.  Once perjury is proved.  Next comes compensation.  It totally depends upon the wishes of your husband how much he wants to claim in the form of compensation.  Your days ahead are doomed. Sad.

 

If you had reproduced such contents of letter here.  Where in supposedly you have used unparliamentary words, then one can explain under what all section relief might be sought by your husband.  Assuming that all above has been done by you, Then you are in for big trouble.  Such letter might already been with your husband.  Its pay back time.  Enjoy.  Or go fall to his feet and ask sorry and request him not to file such cases.  If so you will not only lose 7 years in roaming to court, and also face arrest and will be jailed + fine.  These are the most likely probable things which might happen according to my experience.

1 Like

grishma (h.w.)     21 November 2014

@ priya,
u don't clarify whether it is ur assumption or he aready filed it.
if he has not yet thn why ??? thnk over the reason which u knw better and fr gods sake dont rely on rumour.
since u accept in this forum tht ur relation has been strained bcoz of misunderstanding tht can b

kilimanjaro (md)     22 November 2014

THE GURU HELPING HAND gave you the best perfect answers

 

PRIYA  nobodys perfect in this world . When you said that you wrote an email with vulgar words that too to your community heads proves that you couldnt stop or control your anger. men and women are the same


FORGIVE , FORGET AND LIVE TOGETHER . ALL IT TAKES IS JUST A SORRY FROM THE BOTTOM OF YOUR HEART

 

I BELIEVE WHEN YOU FORGIVE SOME ONE"S SINS FROM YOUR HEART , YOU HAVE MORE CHANCES OF YOUR SINS BEING FORGIVEN IN THE FUTURE , MANY DONT GET SUCH OPPERTUNITYS, BUT IF YOU DO GRAB IT

1 Like

Samir N (General Queries) (Business)     22 November 2014

One thing is sure: After all the false cases filed by you, it is not practical that your husband would like to be with you.  A divorce petition is forthcoming from him.  Well, most likely. Now lets get into the practical aspect, beyond what the language of the law states. Your husband can get divorce based upon cruelty because the filing of false cases which could have resulted in his imprisonment, even though he may not have been actually imprisoned, is most likely sufficient grounds to get a divorce granted. Then comes maintenance... Again if argued properly by him, he can get away without giving you anything because divorce was based upon cruelty by you to him.  Not just based upon prevailing judgments, but even as a matter of common sense, it would be easy to argue that you should not qualify for maintenance.  


Perjury and other IPC (criminal) sections are certainly applicable as mentioned by others here. However, these sections are taken very lightly by Courts in India though occasionally a Judge wakes up from his slumber and decides to take firm action. Pray that, that occasion is not reserved for you. If you husband gets aggressive in his pursuit for filing criminal proceedings against you, then the chances of you spending time behind bars is indeed very high. 

SuperHero (Manager)     22 November 2014

To accept once mistakes is very difficult.  To Forgive you should have a BIG HEART. 

Repent for the mistakes done and try not to repeat it again..

When a Women becomes Mother, she will accept all the responsibilities of the child, the baby Cries in the middle of the  night and the Women wakes up and takes care of the baby. Even if the baby or the child does wrong, she will protect her.

As Helping Hand mentioned on an another post. The Wife and Husband doesn't listen to each other advices. i.e the reason Marriages Fail. 

But they listen to all others in the World. Trying to gain Sympathy and finding Fault in others..

Of course there are crooked men who abuses and what not to Women.

https://anamikas.hubpages.com/hub/6-Noble-Virtues-of-an-Ideal-good-houseWife-Qualities

1) Karyeshu Dasi: works like a servant

2) Karaneshu Mantri : advises like a minister

3) Bhojeshu Mata: feeds like a mother

4) Shayaneshu Ramba : Pleases in bed like the heavenly beauty Rambha

5) Roopeshu Lakshmi : Beautiful like Goddess Lakshmi

6) Kshmayeshu Dharitri : Having patience like Earth

7) Shat dharma yuktah: woman who has this six virtues

 

8) Kula dharma Patni : good housewife (a married woman who is not employed outside the home)

fighting back (exec)     22 November 2014

assuming that even after all this fake case filing episode that you have done, sending deregatory emails and other stuff that you claim to have done, assuming that your husband doesnt initiate any defamation or other cases, except for divorce, which he will eventually get after proving your cases as false. yet you will be punished socially, where the law is not needed.

just imagine, your husband gets a divorce,. there is a curtain down on your current marriage. you will be isolated from the society. no one will approach you to marry, no same or logical person will have the guts to marry a woman who has filed fake cases on the previous husband, a 498 woman is doomed once the cases are dismissed, she herself digs her own grave, she has to live alone and single for the rest of the life, until a foolish person decides to marry her, the prospects of other unmarried people in that family also become very bleak to get married, as one rotten egg.spoils the whole basket, the family itself is labelled as a 498 family, this a real and harsh truth prevailing in the society. who ever approaches you to get married will first approach your husband to get a check on your history. so in short: you have written your husbands fate, and now its his turn to write your future......happy isolation to you...................

harrassed (SE)     27 November 2014

Priya, I'm not an advocate but still would like to mention some of my thoughts. While l agree with others points above, I see that you have accepted that you filed case against your husband due to pressure from father. It is a great thing to accept one's mistake. If you genuinely want to throw the ego and live happily with your husband it's never too late. Take steps to talk to your husband. He may not agree on the first few attempts. If you persuade you will definitely get to talk to him. Decide how you want to take things forward. Life is about happiness and sharing. If you do not get it in first few attempts it doesn't mean that you have last everything. Showing ego will spoil everything. Good Luck
1 Like

TAMILAN INDIAN (nil)     03 December 2014

dear sister,

      there are some valid points mentioned above . so better accept your faults to your husband.live with him happily.dont hear to others words. forget your ego. never bother for others. concern your life, ask him to forgive in open  place where people are crowded. lets try. live happily.

:) ... Shift+R improves the quality of this image. CTRL+F5 reloads the whole page.

grishma (h.w.)     04 December 2014

@Samir N (2HelpU)::
"Perjury and other IPC (criminal) sections are certainly applicable as mentioned by others here. However, these sections are taken very lightly by Courts in India though occasionally a Judge wakes up from his slumber and decides to take firm action. Pray that, that occasion is not reserved for you. If you husband gets aggressive in his pursuit for filing criminal proceedings against you, then the chances of you spending time behind bars is indeed very high. "

indeed, ur valuable advice is true.
like to knw in which circumstances it won't b taken seriously in particular circumstance and in other circumstances it may b taken ?
if u narrate both circumstances briefly, it may give red signal to those who r playing with law.


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