Wife file false case in mahila thana


Hello Experts,

i got married in Nov 2015(just completed 1 Year)..........i met my wife for 2-3 Minutes and ask her name & education..............she lied to me by her toung & by her parents too and after marriege i came to know by herself that she is not even 10th pass and havent done proper regular schooling.she lastly appeared for 10th exam thru distance. as she is not properly educated and brought up in a rural family & bad environment. i am not able to sustain with her as i cant digest abt what she lied to me or the way she is in term of behaviour, understanding, approach,talking ,walking ,lifestyle etc etc...... in short i dont want to live with her ........i told her abt this issue,........she informed her family. now her family threatening me to do legal action against me. they wanted us to do a meeting with them but that meeting which was supposed to happen between my family and in-laws . �.not happened yet even her family is also not showing any interest to meet on. Well I really can�t live with her , she is at her parents� home now. and calling to me , my mother , sister and bhabhi. She is misbehaving and using insulting tone & abusive language while talking over phone. Over phone she told me such abusive words (sorry I am mentioning these bad word , just to let you know how down market women she is and I am also not able to speak such words ): Saale�. Behanchod.. Teri maa chudwa dungi� Teri behan chudwa dungi�.. .......

after all such she made a complaint in Mahila Panchayat .....where she was exposed and found wrong . even the case worker in Mahila Panchayat supported us and given conclusion that we both party should get agree for mutual settelment/divorce as we both dont have competiablilty and potential scope for sustain this marriege. .....as they agreed verbally and requested her not to forward case paper for further because they want to go to community Panchayat for mutual settelment instead of going Court.

we were waiting for their approach in Community Panchayat, but they denied to go there and log a complaint in MAHILA THANA Ghaziabad (they are from Ghaziabad and we are from Delhi). Where we were called to present there so my father went there and came to know about this new complaint, she put below charges in her complaint:-

1.) Dowry-They Given us 5 Laks in Dowry and now asking more ( given only 51 Thousand as Shagun,i have proof too).

2.) Domestic violence-she was beaten up by my whole family and also escaped by one of my sister.

3.) Unnatural Sex-she got miscarriage due to unnatural s*x(due to anal s*x) as we didn’t have natural s*x.

4.) she Named 7 People in her complaint including me.

My Questions:

  1. Is she able to file one more complaint as she already did in MAHILA PANCHAYAT?
  2. Can a Case Officer(SI-MAHILA THANA) Denied to register her complaint as she made already in delhi at MAHILA PANCHAYAT?
  3. I have copy of complaint from MAHILA PANCHAYAT(her complaint-husband leaving me as I am illiterate)……now she pointed out different complaints so due to her mismatch complaint point……will MAHILA THANA reject her allegation?
  4. What precaution should be taken before going to MAHILA THANA?
  5. How serious allegation she made, What about Anticipatory bail?

Please advise me valuable info.

Thanks

Regards

Neeraj

 

 

 

 

 

 

 

 

 

 

 

 
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She has to prove her allegations. No need to worry or go to Mahila Thana or apply bail at this time. Send letter to Mahila Thana that states she filed original complaint in Delhi and cannot chose forum as per her choice. Say that you are cooperating with Delhi police. For further inquiry case should be sent to original jurisdiction. Let her run around, you don't need to run anywhere, if they threaten FIR let them do it, eventually case will have to run in original jurisdiction where incidents are alleged. Also she cannot make arbitrary fresh allegations after making one complaint, she will need to give satisfactorily explaintaion why she didn't make these allegations before. All allegations you have mentioned are routine part of every divorce these days. Just ignore the noise, don't agree to pay a penny and don't unnecessarily run to any police station or court. If police want to investigate or call you for investigation let them travel to your house, refuse all registered letters for some time.
 
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N.A

I concur with autohide4u , but your first priority should be mutual divorce as you seems to be very young don't spoil your time for that fraud.

 

Try to find a mediator who convince her for MCD in less amount. 

 
Reply   
 
advocate/counsel supreme court

did you have cohabitation after marriage, then it is clear you have accepted her as your better half; what is for marriage after all, just run a good household , where is the need of education if the lady can really manage your household as such. You marry for developing good family. 

would persons conventionally not educated can be called as not educated? Education is one's efforts to upgrade onself; not by very so called british modelled education system.

my advice to you sir is patch up that thong might help you bring up a great family sir; don't throw the lady just because your perception of conventional education is that fsamily is great; see too many conventionally educated families file fdivorces just in a few months; that means had she been educated in that sense perhaps she would have gone for you, why don't you think in those lines, save your marriage friend. is mysincrere advice.

 

 

 
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advocate/counsel supreme court

Marriage is for running a family meaningfully if she satisfies that quality then why divorce sir? you need to think.

 
Reply   
 
Bangalore

Originally posted by : Neeraj
Hello Experts,

i got married in Nov 2015(just completed 1 Year)..........i met my wife for 2-3 Minutes and ask her name & education..............she lied to me by her toung & by her parents too and after marriege i came to know by herself that she is not even 10th pass and havent done proper regular schooling.she lastly appeared for 10th exam thru distance. as she is not properly educated and brought up in a rural family & bad environment. i am not able to sustain with her as i cant digest abt what she lied to me or the way she is in term of behaviour, understanding, approach,talking ,walking ,lifestyle etc etc...... in short i dont want to live with her ........i told her abt this issue,........she informed her family. now her family threatening me to do legal action against me. they wanted us to do a meeting with them but that meeting which was supposed to happen between my family and in-laws . �.not happened yet even her family is also not showing any interest to meet on. Well I really can�t live with her , she is at her parents� home now. and calling to me , my mother , sister and bhabhi. She is misbehaving and using insulting tone & abusive language while talking over phone. Over phone she told me such abusive words (sorry I am mentioning these bad word , just to let you know how down market women she is and I am also not able to speak such words ): Saale�. Behanchod.. Teri maa chudwa dungi� Teri behan chudwa dungi�.. .......

after all such she made a complaint in Mahila Panchayat .....where she was exposed and found wrong . even the case worker in Mahila Panchayat supported us and given conclusion that we both party should get agree for mutual settelment/divorce as we both dont have competiablilty and potential scope for sustain this marriege. .....as they agreed verbally and requested her not to forward case paper for further because they want to go to community Panchayat for mutual settelment instead of going Court.

we were waiting for their approach in Community Panchayat, but they denied to go there and log a complaint in MAHILA THANA Ghaziabad (they are from Ghaziabad and we are from Delhi). Where we were called to present there so my father went there and came to know about this new complaint, she put below charges in her complaint:-

1.) Dowry-They Given us 5 Laks in Dowry and now asking more ( given only 51 Thousand as Shagun,i have proof too).

2.) Domestic violence-she was beaten up by my whole family and also escaped by one of my sister.

3.) Unnatural Sex-she got miscarriage due to unnatural s*x(due to anal s*x) as we didn’t have natural s*x.

4.) she Named 7 People in her complaint including me.

My Questions:


Is she able to file one more complaint as she already did in MAHILA PANCHAYAT?
Can a Case Officer(SI-MAHILA THANA) Denied to register her complaint as she made already in delhi at MAHILA PANCHAYAT?
I have copy of complaint from MAHILA PANCHAYAT(her complaint-husband leaving me as I am illiterate)……now she pointed out different complaints so due to her mismatch complaint point……will MAHILA THANA reject her allegation?
What precaution should be taken before going to MAHILA THANA?
How serious allegation she made, What about Anticipatory bail?


Please advise me valuable info.

Thanks

Regards

Neeraj

 

 

 

 

 

 

 

 

 

 

 

Now look who is at fault?  Its your fault sir.  You talking as if you were in hurry to marry, were you escaping some bullet to your head that you married in such hurry?

 

Anyway marriage is done, and if you want to escape now, you have to take divorce.  Contested divorce - divoooooooooooooooooooooooooooooooooooooooooooooorce.  Mutual divorce - divorce. You can fight cases on merits or pay the girl lumpsum money to take back all cases and also give you divorce via MCD ie mutual.  Or roam to court for another two decades until even chaiwalas and cycle stand wala will become close friends to you.  Choice is yours.  I say you go with what Mr Balakrishna has suggested.  Bow down a bit, and make her bend entire life.

 
Reply   
 

For G Balakrishnan & Helping Hand......

please see the words/abuse she uses and cant you get sense of her polluted mind and background.

i believe you both of you are from South india and doesnt know the meaning of such abuses.

Secondly if anybody having problem with me and my thought/decision then go to court and seek justice instead of dragging me into such false cases along with other 7 Family members.

what is fault of my family members..........why she listed them in her complain.

do you really think she is doing correct ? if you think so  then please dont reply anymore.

Regards

.....

 
Reply   
 

Brother can you tell what was her fault ?only uneducated. You are blaming her family for telling lie,Before marriage it's not your or your family duty to check her education background. Only because of her education you want divorce. Greats !it shows how educated you are? It's very silly reason you can provide her education. After marriage also she can get education. Anyways now it's too late for this. Police will first investigates. Now onwards when she use abusive language or threats record it. It will helps you as evidence against her. You can apply AB. Once you and family members get bails almost case you win. She has file case she has to prove her allegations. Next time before second marriage check next wife education background properly .
 
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Posted by: Nitish Banka  Categories: Criminal Law Landmark Judgements 
 

 

How to Fight False Dowry and Maintainence case in India

Brief of false cases your wife can file and reason why wife files false cases

In India the matrimonial laws are misused more often than to be used by those women who have genuine concerns.

The number one reason why wife opts for false dowry cases against her in laws  is Money. If wife is selfish and instigated by her family the wife choose to live a life sucking savings of husband by harassing husband family and under pressure a husband bow down to the pressure and pay maintenance or settle with wife with an exorbitant package.

The second reason is bad mental health if wife has bad mental health or mentally unfit then also she can opt in for false dowry cases against husband making the life of husband miserable and unbearable.

Family issues If wife wishes to reside separately from husband and by filing such cases the wife wants to put pressure on husband to move out from husband family.

Image result for false cases

Strategy to Fight False Cases

Strategy to fight False 498a case

Consider Quashing of 498a

498a Quashing-How to Quash?

These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of 498a general allegations of cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.

Image result for 498a quash

First part is that the harassment which can be physical or mental is of such a nature that it could cause women to put her under grievous hurt or she may even commit suicide based on such harassment, therefore only gravest form of harassment are covered, but less graver form of harassment can be used in civil suit for divorce. if the FIR does not satisfy this ingredient the Fir can be quashed as held

In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736, it was held that the Magistrate while issuing process against the accused should satisfy himself as to whether the allegations made in the complaint, if proved, would ultimately end in the conviction of the accused. It was held that the order of Magistrate for issuing process against the accused could be quashed under the following circumstances: (SCC p. 741, para 5)    “(1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused;
(3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having  been  based  either  on  no  evidence  or  on  materials  which  are  wholly  irrelevant  or
inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent authority and the like.”

Shakson Belthissor vs State Of Kerala & Anr on 6 July, 2009

In order to understand the meaning of the expression `cruelty’ as envisaged under Section 498A, there must be such a conduct on the part of the husband or relatives of the husband of woman which is of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman.

Therefore if prima facie the charge sheet or FIR does not disclose an offence under section 498a the court can quash

Strategy to Reduce Maintenance Case filed by wife

Interim Maintenance Reduced Judgments

Here are some judgments in which the Interim Maintenance was reduced-:

Mohd. Zafarullah Khan vs Yasmeen Khan And Ors. on 3 November, 1989

11. Now on facts, the wife is working as a beautician and earning something. So far as the minor daughters are concerned, the petitioner has earned a huge amount staying in foreign countries and it is not difficult for him to pay at least Rs. 500/- per month to each of his daughters according to the status of the minor daughters which they enjoyed prior to the separation of their parents. It is the common ground of the wife that the husband is screening the properties while the husband pleads that he has to maintain his old parents and unmarried brothers and sisters. Having regard to the facts and circumstances of this case and considering the potentialities and status of the parties, I think Rs. 500/-per month each to respondents 2 and 3 would be the reasonable amount towards their maintenance pending disposal of the suit.

12. The order of the lower Court granting Rs. 2.000/- per month to the 1st respondent herein for a period of 3 months i.e., Iddat period as interim maintenance, is set aside as the same has to be determined after a full dressed trial at the time of the final disposal of the suit. The interim maintenance granted to respondents 2 and 3 is reduced to Rs. 500/-per month each.

Image result for interim maintenance reduced

11.In the facts and circumstances of the case and arguments advanced by the learned counsels on either side and on perusing the impugned order of the learned Judge, this court is of the considered opinion that the maintenance amount of Rs.3,000/- granted by the trial Court without ascertaining the income of the petitioner is not justified. Further, the learned Judge awarded Rs.15,000/- as litigation expenditure, which is also on the higher side. As per counter statement filed by the revision petitioner it has evident that he is earning Rs.6000/- per month. Therefore, this court grants a sum of Rs.2000/- as monthly maintenance to the respondent/wife payable by the revision petitioner from date of interimmaintenanceapplication i.e., 02.06.2010 till date. Further, this court reduces the litigation expenditure payable to the respondent/wife from Rs.15,000/- to Rs.7,000/-. The said amount shall be paid by the revision petitioner within a period of one month from date of receipt of this order, as this is found to be fair and justifiable. This court further directs the learned Subordinate Judge, Karur to dispose of the H.M.O.P.Nos.129 and 139 of 2009 within a period of three months from the date of receipt of this order, without being influenced by the discussions of this court.

 

The evidence in the case shows that the husband has got only a monthly income of Rs. 623/-. The Court has awarded Rs. 300/-as interim maintenance to the wife and child. I feel, in the circumstances, the husband should not be compelled to pay an amount of Rs. 300/- as interim maintenance. I reduce the same to Rs. 250/- — Rs. 150/- to the wife and Rs. 100/- to the child.

Conclusion

The facts of the case is an relevant aspect along with evidence to fight false dowry cases.

Adv. Nitish Banka

Practicing Advocate at Supreme court

Nitish@lexspeak.in

 
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