False dowry and domestic violence charges
Satyamev
(Querist) 31 July 2014
This query is : Resolved
I got married, on 20th-April-14 from a girl in Uttrakhand. Pre marriage ,my parents made a Notorized Agreement with the girls parents with witness that whatever is being spent from both the sides is being done voluntarily and we did not demand or take dowry.
Which is the truth. Reason for doing this was that we were getting anonymous phone calls against the wicked nature of girls family which we did not believe but for our protection we got it done.
Post that I took the girl to Europe for honeymoon and we returned 8 days later and she left for her home saying I am missing parents to which I readily agreed but took away all my mothers jewellery and the jewellery we gifted her saying that she has to attend a wedding locally in her town and would like to wear it and my Mom agreed.
Post that she started getting very violent over phone and started maintaining hostile distance saying I am impotent which is all rubbish as the marriage was already consummated , I expressed my reaction over it & sent her my potency reports through courier. The girl lived with me total for 15 calendar days. All of a sudden all communication stopped from her end though I tried my best to know what is wrong with her and what she wants.
We received Woman Helpline Notice from her city asking us to appear in front of them for Mediation. Over there I was shocked to see the kind of verbal allegations she was hurling over me as those were complete lies and I proved the WH IO with all the evidences I had that all her allegations are baseless. In the written complaint which she has given , she has stated that I have asked for 21 lakhs , big car and haressed her for Dowry and did domestic violence with her father and my wife. Which is ofcourse a big lie. She has also named my father , mother and my cousin sister in her complaint.
In between that I filed Section 9 , RCR to bring her back in the same month itself on return to which she has asked more time for reply and filed Section 24 in the same court in reply to section 9 in my city Noida Itself and has taken a common date for both the cases a month later.
The girl is a local and has tremendous influence as her parents are in government service and they can manage to bribe the Woman Helpline IO to give report in their favour which I assume and the further legal proceedings would be initiated.
Now the Woman helpline Under Police is going to send there report to Uttrakhand High Court-Nainital which could be in my favour or it may not be at all in may favour but I have evidences to prove her allegations wrong but I need a decent opportunity and platform to prove my innocence as the girl has cheated me. How should I stop her legal proceedings and get her complaint quashed or stop the court proceedings against me or turn it on my favour.
Is it not possible for me to file a petition against false 498A & Domestic Violence before the Uttrakhand High Court before the report of the woman helpline reaches the Uttrakhand High Court and challenge it as my parents and sister have clean chit by the Woman Helpline IO but they cant exclude me in the report completely as per the Police else the girl will also implicate the Police , I do have some belief on the Police that they will only implicate me that too mildly but I don't know how the girl is dealing with them when I am not in the same city .As I have very very strong evidence that I have not taken Dowry and I have not done domestic violence,as I had automatic recording in my phone due to which I was able to record a phone call of hers in which she said she will teach me a lesson through law & order & accepted that I have not taken dowry but was rather angry why did I make an agreement where parents were agreed for Dowry less marriage and she will show that she can still teach me a lesson even if I have the agreement.
Please advice.I'm willing to fight hard as I am not guilty and in no given circumstances I would like to give her alimony at all.
ajay sethi
(Expert) 31 July 2014
in the vent any case of 498A / DV is filed by your wife you have to contest it on merits . HC is generally reluctant to quash 498A cases unless settlement is arrived at between parties . allegations made in complaint disclose commission of offence . hence HC wont quash these complaints
V R SHROFF
(Expert) 31 July 2014
As you had taken her to honeymoon in foreign , seems you are rich enough, and your wife probably pre-planned to extort as much more as possible. She will try for DV, 125cr.p c, ShE already filed u/s 24..
YOU HAVE TO DEFEND YOUR CASE TACTFULLY.
EVEN 498A IS NOT RULED OUT, AND all these she will do to increase her bargaining power.
Majority of rich husbands are suffering , due to such greedy girls, marry,and with only purpose to get a very good money, within shortest possible time..
All calculated.
As you were informed in advance,before marriage, you should have not married her.
Now it is too late, and DEFENCE is the only weapon..
All laws favour lady.. . All husbands are at mercy.
SO FIGHT
DO NOT BOW DOWN TO INJUSTICE.
DO NOT PAY ANYTHING TO HER.
TEACH HER A LESSON..
Though you cannot stop her legal proceedings and get her complaint quashed or stop the court proceedings against you, but you can certainly turn it on your favour.
Best of Luck..
Satyamev
(Querist) 31 July 2014
Thanks for response , more response are awaited
Devajyoti Barman
(Expert) 31 July 2014
1. You can stop any perosn for taking egak recourse. Your branding the allegation as false would cause no difference as court would wait till conclusion of trial.
2. Quashing would not be allowed if the FIR discloses commission of offence. Determining falsity or truthfulness of the allegations is not the job of the quashing court.
3. Once you have married you have to face the hassles of these cases and if you are indeed innocent then prove your innocence in court.
We can not judge your innocence.
ajay sethi
(Expert) 31 July 2014
thanks for your appreciation
G. ARAVINTHAN
(Expert) 01 August 2014
Quash can be effected if and only there is a prima facie case that there is no commission of offence by the quash petitioner
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
I too agree with the views of experts on the issue. Nothing more to add.
Sudhir Kumar, Advocate
(Expert) 16 November 2014
