Regarding: false 498a, 406 and 125
Pravin
(Querist) 08 May 2014
This query is : Resolved
My wife has lodged a False FIR in IPC 498a, 125 & 406 on 20/03/2012 for all members of my family (Mother, father, Brother, Bhabhi and me) that all the members went to Chittorgarh for demanding dowry of Rs.1 lac and a bike and for refusing the same we have beaten up the bride on 20/03/2012.
She mentioned in FIR that after marriage we have tortured her and beat her often for dowry.
She is from Chittorgardh (Rajasthan) and I am from Indore (Madhya Pradesh). We got married on 02/12/2008.
She left my home (Indore) after 4 months on 17/04/2009 for which we have given application to Human rights, DSP, SP, I.G. and local police station. She was in affair with other person.
We have all the proofs with us to prove our innocence on that day (20/03/2012) my brother was in Bank of India, Indore (CCTV clips from BOI submitted), Father was in CJM court Indore as a witness in friends case, Bhabhi was present at Child Doctor’s clinic for treatment of twin babies. I was on job in Ahmedabad. Police Officer investigated only my brother’s and father’s but not mine.
Now case is awaiting debate on charges since last 5-6 months due to absence/ lack of judges in Rajasthan. Challan has been submitted by police after given relaxation to my brother and bhabhi only.
At this stage:
Can I file an application for Quashing the FIR from high court? If yes how.
Can I get my case transferred to Indore (M.P.)? If yes then how.
Decision on 125 (interim compensation) is pending till next month? How can get it cancelled? She is now demanding Rs.3 lac as an alimony.
How can I get divorce from her?
Please guide me
Devajyoti Barman
(Expert) 08 May 2014
Though you can file case for quashing but is hardly allowed. Moreover the court while exercising jurisdiction u/s 482 crpc can not look into the veracity of any evidence.
Transfer in favour of the husband is very difficult.
You have to fight the 125 crpc case on merit. No case can be cancelled.
For divorce , file suit for this.
Raj Kumar Makkad
(Expert) 08 May 2014
Your wife cannot demand alimony of 3 lakh in maintenance case rather she is legally entitled to file for the regular maintenance from you as per your income. You are already contesting this case so wait for the outcome of the court.
So far as the criminal case is concerned, you need not to go for quashing rather contest the case on merit. If the factual position as told by you is correct, you shall definitely get benefit.
Sankaranarayanan
(Expert) 08 May 2014
i do agree with expers barmanji and rajkumar ji
Pravin
(Querist) 09 May 2014
Out of 5 victims, police filed the challan for 3 (husband,father,mother). Since brother was in Bank of India in another city (police personally verified this) and already lived separately for long time.
My father in District cout (police verified).
It has been a year since challan submitted (charges not yet decided by judge).
1. What action my brother can take against my wife for false allegation/FIR on him?
2. And if we take any action, any back fire or disadvantages?
3. Will this evidences help me to deny 125 maintenance as she misused the law?
4. Can I file a FIR against her as she and her father admitted in FIR that they gave dowry that is also punishable crime?
5. What should be the procedure for #4?
6. Since police never investigated the case properly and many evidences were not entertained, can we take any action/complaint against police?
Sorry for many questions, your help will be very much appreciated to get justice.
Devajyoti Barman
(Expert) 09 May 2014
1. Civil suit for damages.
2.not likely.
3.No, never.
4.No
5.NA
6.No complaint lies. You have to show absolute proof of abuse of their power of boas against you. Mere irregularity in investigation will be of no help.
Pravin
(Querist) 09 May 2014
Sir, If I file application for divorce then what amount of alimony can be passed by court as I am currently unemployed. How to save myself and to pay minimum alimony.
Also can I take stay from High court on the order passed by lower court in 125 crpc?
What is the procedure and would be outcome in this case of 125?
ajay sethi
(Expert) 09 May 2014
1) you are bound to maintain your wife . since you are un employed court wont call upon you to pay hefty maintenance .
2) Hc wont stay order of lower case awarding interim maintenance .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 May 2014
You have been posting your problem on this site many times and getting various views.
You have to fight the case at trial court level with advocate who has contested such cases since there are no of ways to come out.
Transfer , quash will not work. Plan defense properly at trial court level and it is easy to solve such cases at that level only.
