R K........ (Analyst) 24 April 2012

Please guide me

I am passing through a very bad phase. My wife and her parents loged a false complaint against me in Noida that i torture my wife under section 406 and 498a. But the noida police refused to take any action. Then my wife and her parents loged the same complaint in my home town in Ludhiana Police.. Police had their investigation and they found me correct..

Now my in laws want a seperation and they are asking for some sellement money. Since i have no fault in this and i don't want divorce. Please guide me what should i do..

Also Noida police has also strated their investigation and they called me.. I said that our case is going on in Ludhiana, but they said since they have received a complaint in Noida, they will do their investigation..

Please guide me what should i do ?

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7 Replies

adv. rajeev ( rajoo ) (practicing advocate) 24 April 2012

Let them make an investigation, if Noida police and Ludhiyana police filed FIR then challenge it in the hight court.

It is very interesting. Your wife filed first complaint in Noida Police station and then Ludhiana police. Challenge it on the ground of jurisdiction, if FIR is filed.

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Deepak Nair (lawyer) 24 April 2012

Follow the above advise.

With respect to the settlement, i would suggest you don't go for a settlement. Let them initiate any action from their side. Contest if any petition for divorce is filed. Because, if the allegations are false, those cannot be proved in court. So you will be in advantage.

AAK (Advocate) 24 April 2012

unfortunetly in India 498A provision is used by the women as lethel wepon to extract money from husband. The law is good but unfortunetly it is being used by women in wrong manner as a result of which the courts are finding it difficult to find which is the geniun case and which is fake. Now a days lots of fake cases are being filed.

Anyways coming to your facts.. as adviced by learned experts file Writ before the court challenging the FIR

R K........ (Analyst) 24 April 2012

Thanks everyone for your answer

They have initiated the dialogues for settlement and they are negotiating on money terms. Since I am not interested in this seperation and I am not willing to give divorce, please guide me that should we go for settlement or fight a case against divorce

As per the girl, she doesn't like me at all but i still like her. Please suggest should we agree on some money and finish this relationship and should i challenge their divore filling in court ?

Shantanu Wavhal (Worker) 24 April 2012

forget the greedy girl.

either contest her cases (if filed any) / go for MCD.

Rajeev Nair (Professional) 25 April 2012

HI,

i AM WRITING THIS IN REGARDS TO THE PROBLEMS MY SISTER IS CURRENTLY FACING. SHE IS A PROFESSIONAL WORKING IN HYDERABAD AND HER HUSBAND WORKING IN BANGALORE. THEY ARE UNDERGOING A FAMILY COUNSELLING SESSION FOR THE LAST 6 MONTHS AND IT HAS BEEN NOT SETTLED YET. iN BETWEEN HE WANTS A SOLUTION FOR THIS EITHER DIVORSE OR READY TO LIVE WITH HIM BY ACCEPTING SOME CONDITIONS WHICH IS NOT ACCEPTABLE AT THIS TIME. nOW HE IS THREATENING HER AND OUR FAMILY BY SAYING THAT HE WILL SEND A NOTICR TO HER OFFICE TO SPOIL HER IMAGE AND MAKE HER JOBLESS IF SHE IS NOT READY TO ACCEPT IT. aND ALSO HE IS SAYING HE WILL SPOIL ALL HER IMAGE BY DOING ALL POSSIBLE THINGS AND ALL.

kINDLY SOMEONE GIVE SOME ADVISE AS TO HOW WE CAN FACE THIS AND HOW CAN WE SAVE HER JOB?

Shantanu Wavhal (Worker) 25 April 2012

@ Hi

nOW HE IS THREATENING HER AND OUR FAMILY BY SAYING THAT HE WILL SEND A NOTICR TO HER OFFICE TO SPOIL HER IMAGE AND MAKE HER JOBLESS IF SHE IS NOT READY TO ACCEPT IT. aND ALSO HE IS SAYING HE WILL SPOIL ALL HER IMAGE BY DOING ALL POSSIBLE THINGS AND ALL.

this is utterly cruelty.

collect the evidences of his threats + misconduct.

try to settle amicable / take legal action against him; if u have sufficient proofs.