Dv case and falsity
navin
(Querist) 20 December 2011
This query is : Resolved
Respected all,
can Husband file Application u/s 340,
Is applicaton u/s 340 court consider, when only Interim finished.
my marriage
from the minute marriage solemanise family of wife started threatening by the name of police and Dowry and through Blackmail collected money, as my mom was sick and paralytic and we cant do any thing as I am the only earner in a family. father retired and noone else at home. it was essencial for us to keep some money at home for the sake of emergency/ hospitalisation. wife hardly resided but whenever she resided always threaat with the words if things were not materialise according to them they will file police complaint of Dowry. heer brother used several times physical power on me and finally one day she stolen the entire jewellery of my mother in front of her eyes along with her parents when my mother was alone at home. within few hours I lost my mom due to heart attack. jewellery of my mother is still in the custody of her family. I went to file complain in police but police guided if complain filled and search made nothing will be found but she will file several cases on you and your family members when you lost your mother, it will better go and talk directly with them. she become mother without having matrimonial relation with me and now filled DV case.
in 2and 1/2 year of marriage, they collected lakhs by threatening me, lost mom, dad on Bed, lost job and finally I am not getting and such lawyer who can fight for justice. I am handling my own case in a court wheere magistrate behaving gender Bias.
Justice which is bleak in appeareance but holding me for correctness.
In experts opinion what one shall Do if husband terrorised and victimised from all corners of life. and are facing frivolous false case of DV and legibly hold to pay maintenance for the child, when he is not the father of the child. magistrate said if child born after an year of marriage it stands you holds the paternity unless DNA test conduct, providde you cannot point on the character of the wife which itself holds Domestic Violence.
Sudhir Kumar, Advocate
(Expert) 20 December 2011
the case may fall under section 389 of IPC which reads that :-
389. Putting person in fear or accusation of offence, in order tocommit extortion.--Whoever, in order to the committing of extortion,puts or attempts to put any person in fear of an accusation, againstthat person or any other, of having committed, or attempted to commit,an offence punishable with death or with 1*[imprisonment for life],or with imprisonment for a term which may extend to ten years, shallbe punished with imprisonment of either description for a term whichmay extend to ten years, and shall also be liable to fine; and, if theoffence be punishable under section 377 of this Code, may be punishedwith 1*[imprisonment for life]. Of robbery and dacoity
AS long as she has not filed the case I believe the onus of poroof is not shifted. It appears you hve been extorted and you may be having some proof. Consult you nearby lawyer before it gets too late.
I believe police has adivsed you correctly.
Devajyoti Barman
(Expert) 20 December 2011
Evry case has its won merits and demerits, strong points and loopholes.
Only because the husband files petition u/s 340 crpc, there is no reason why the interim order would not be passed.
In several of my cases the court outright rejects such petition and grants interim maintenance.
Yes, for committing such criminal acts against you, youy can surely invoke appropriate charges against him.
But for that we need to know the whole story and status of cases.
Raj Kumar Makkad
(Expert) 20 December 2011
If your wife has put wrong/false affidavit in either of the proceedings, you are facing then such application is duly maintainable on your side and there is no gender bias at least in moving application under section 340 Criminal procedure code. This application shall be moved in the same file.
So far as separate criminal action on extortion of money is concerned, you should file a FIR under section 389 of IPC as already advised.
Everyone has to stand on its own legs so cases pending against you have to be proved by your wife on the basis of evidence and you have every right to rebut those charges. if those are false, its entire benefit shall go in your favour and if are proved, you shall be sufferer.
Shonee Kapoor
(Expert) 20 December 2011
340 is maintainable.
What help are you seeking? Feel free to contact the undersigned. I have successfully countered my lovely 498a wife's DV with 340.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
