false charges
preet
(Querist) 26 May 2010
This query is : Resolved
hi, i need some assistance if anybody can help.
I got married last june.My mother in law has taken my wife back,saying that she(my wife) is not able to adjust. this happened in december. my wife & my mother in law have signed a letter, stating that they have taken this step willfully. in this span, they went to various people in our caste, & ask them to extort money from us & get the divorce done.but the other people always replied them to help in patching it up. from last one month i am trying to contact my wife, went to several places to get her back,but her mother is not ready to patch up & the inlaws are not allowing me to talk to my wife. in this last month,only once i have spoken to her & through her talk,i felt she might come back,but is getting negative under some pressure. my mother in law has given me dhamki that she will show me what she is ? i'm afraid she doesn't file a false 498a/406 and other possible case just to harrass us? please suggest me what to do now? how to save my family from all these false cases? my wife stays in other state, can they file these false cases over there & do that state police can arrest us?
Arvind Singh Chauhan
(Expert) 26 May 2010
They have several options You have only one option to defend you. If relations between you and your wife are amicable try to meet her alone. If she is not ready to come back file petition under Sec 9 of Hindu marriage Act. It is the only option with you and may be your defence in future litigation. She can't file criminal case as 498 IPC against you in another place than her matrimonial town. But other cases may be filed at her paternal town.
preet
(Querist) 26 May 2010
Thanks. please can u state, what are the option of cases available to them? & how severe they can be? she can file for divorce after 1 year i.e after separation or after 1 year of marriage? please help
Uma parameswaran
(Expert) 26 May 2010
If your wife is willing to come file habeas corpus.
preet
(Querist) 26 May 2010
what is habeas corpus. please can u state, what are the option of cases available to them? & how severe they can be? she can file for divorce after 1 year i.e after separation or after 1 year of marriage? please help
Arvind Singh Chauhan
(Expert) 26 May 2010
They can proceed under 498A IPC,sec 12 DV Act,Sec 125 Cr.P.C, Sec 13 and 23 Hindu marriage Act etc.
preet
(Querist) 26 May 2010
thanks.does legal disownment of family help against false cases?
preet
(Querist) 27 May 2010
can anyone please answer my query,i'll be very oblidged
