Scared of fake dowry case
vinay
(Querist) 12 October 2009
This query is : Resolved
Hi Sir
i am married 8 months back , i am staying with my parents and my wife , 2 months back my wife went to her parents house, now my in-laws are forcing me to leave my parents and then only they will send my wife back to my house , when i told no (as my parents are very old and cannot take care of themseleves)they are threating me of dowry cases.i cannt leave my parents at any cost, can anyone suggest me what should i do at this stage ?
Thanks
adv. rajeev ( rajoo )
(Expert) 13 October 2009
within 8 motnhs of ur marriage u r in trouble. to avoid the problems created by your in-laws u do one thing u just convince ur parents to avoide all these for some days ur are living seperately, off court it is very hard to take such decisions when no body is to look after ur old age parents, but it is better to suffer than 498A if she filed case no mental peace, financial loss un necessary mental tenison.
after some days u convince ur wife favouring her. you may succeceed.
this plan may work out or not i don't know, but u have to experiment it.
Adv Archana Deshmukh
(Expert) 13 October 2009
You can file a petition for Restitution of conjugal rights.
Sachin Bhatia
(Expert) 13 October 2009
File a petition u/s 9 of H.M Act for Restitution of conjugal rights
9. Restitution of cojugal right. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights land the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should
not be granted, may decree restitution of conjugal rights accordingly.
JITIN KOHLI
(Expert) 13 October 2009
Mr viney, i tell u another way if you could fight i am a criminal lawyer so I tell you a way in criminal jurisprudence with a suit under section 9 for restitution of conjugal right you filled a complaint case of criminal intemadation under section 503 ipc since a suit of faulse acquisition can be filled once a suit is contested and you are being aquited but no criminal proceedings has been initiated by her so you can not file a suit of false acquisition but in criminal intemedation you have the right. but before filing the suit go to her parental home have a great verbal fight there in the open so that other public could hear it or in open area either with this she will come to you or help you to get evidence in the case from neighbours. you can contact me at jitinji@yahoo.co.in
Gaurang S. Rangunwala
(Expert) 13 October 2009
Mr. Vijay try from all the way, File a petition u/s 9 of H.M Act for Restitution of conjugal rights, also try which Mr. Jitin Kohli said and also consult Social Service Group in your city.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 13 October 2009
Dear Author,
First of all try to setlle your problem with the help of your elders' and other social persons, out of the court.In case, u found no way thereafter, then u can move to court. Sometimes, direct entry in the court makes the gap widened between the husband n wife.
Guest
(Expert) 13 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mailnandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT.
1.YOU FIRST BE CONFIDENT AND DO NOT BE AFRAID OF ANY FALSE CASE.MAKE SOME SMART AND PLANNED MOVES.
2.YOU KINDLY SEND A NOTICE TO THE WIFE FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9 OF HINDU MARRIAGE ACT. MENTION ALL FACTS AND ALSO MENTION THAT YOU ARE WILLING TO RESIDE WITH HER AT YOUR HOUSE WITH ALL FAMILY MEMBERS INCLUDING YOUR OLD PARENT.
3.THE NOTICE WILL BE REPLIED BY HER LAWYER
4.YOU MAY FILE HINDU MARRIAGE PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9 OF HINDU MARRIAGE ACT.
5.FROM THE ONTENTS OF THE REPLY TO YOUR NOTICE YOU WILL COME TO KNOW THE ALLEGATIONS SHE IS MAKING AGAINST YOU AND YOUR FAMILY .DOWRY DEMAND IS MENTIONED IN REPLY THEN YOU SHOULD FILE CRIMINAL APPLICATION FOR ANTICIPATORY BAIL AS YOU ARE APPREHENDING ARREST DUE TO COMPLAINT UNDER SECTION 498A FILED BY YOUR WIFE AGAINST YOU AND YOUR FAMILY MEMBERS. ONCE YOUR ANTICIPATORY BAIL IS GRANTED YOU HAVE TO SUBMIT SURETIES TO THE COURT AND YOU ARE SAFE.
5.BUT IN CASE DISPUTE IS SERIOUS THEN KINDLY TAKE PRECAUTION AND NOTE THAT DO NOT GO TO THE PLACE OF YOUR WIFE OR HER RELATIVES .IF COMPLAINT IS ALREADY FILED AGAINST YOU AND YOUR FAMILY THEN THERE ARE CHANCES THAT FALSE COMPLAINT YOU AND OTHER FAMILY MEMBERS MAY BE ARRESTED.
6.IN CASE COMPLAINT IS ALREADY FILED UNDER SEC.498A THEN YOU MAY FILE PETITION TO HIGH COURT FOR QUASHING THE SAID COMPLAINT AND FOR STAY.HIGH COURT WILL HEAR THE PETITION AND PASS THE ORDER .
7.KINDLY DO NOT ENTER IN TO ANY PHYSICAL FIGHT AGAINST THE RELATIVES OF OTHER SIDE .IT WILL CREAT FURTHER PROBLEMS IF COMPLAINT IS FILED AGAINST YOU AND YOUR RELATIVES FOR ABUSING AND FOR THREATENING TO THE POLICE STATION.HENCE BE COOL AND TRY TO SORT OUT DIFFERENCES AND APPLY LEGAL REMEDIES.PLEASE NOTE.
8KINDLY NOTE THAT THE RELATION BETWEEN HUSBAND AND WIFE IS TO BE HANDLED WITH CARE.BOTH SHOULD UNDERSTAND EACH OTHER AND AVOID CLASHES.IF DISPUTE IS NOT COMPROMISED AT INITIAL STAGE ITSELF THEN THE COMPLICATIONS GO ON INCREASING AND ULTIMATELY RESULT IN DIVORCE. I HAVE SEEN SEVERAL COUPLES DISPUTING ON VERY MINOR PROBLEMS AND MISUNDERSTANDINGS.IT IS ADVISABLE THAT THE HUSBAND AND WIFE SHOULD DISCUSS THE MATTER THEMSELVES AND TRY TO SORT OUT THE DIFFERENCES .OTHERWISE BOTH THE FAMILIES OF HUSBAND AND WIFE HAVE TO SUFFER FOR YEARS IN THE COURT AND UNNECESSARY TIME AND MONEY IS LOST BY BOTH.AND THEY LOOSE THEIR VALUABLE YEARS OF LIFE IN SAID MARRITAL DISPUTES.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE