Remedy from false Dowry Harassment Case and getting divorce
Legal Advice
(Querist) 09 November 2010
This query is : Resolved
Case History:
I got married on 29th April 2009 by Hindu rituals in Patna. I have a job in Canada and had come for marriage to India. The alliance with my wife was sought through a Marriage Broker and her family and my family both are basically from Patna, Bihar itself.
On the second day of marriage itself, my wife asked me for the record of jewellery she had got as gift for her and said she wanted to keep it all with her. I told her that all the jewellery is with my mother as she only takes care of it and whenever she needs it, she can take it from her. To this, she highly objected. Few of her activities right after the marriage were very objectionable and strange. She suggested to take another house somewhere in Delhi NCR as the present house was that of my parents and not mine and she didn’t like this house. To which I initially did not react much. As I had a job in Canada and had to return back, I hardly stayed with her for 10 days and then had to fly back as her passport and other Visa formalities were not ready by then. I told her to get the passport thing done at the earliest so I can process her sponsorship and call her to Canada at the earliest, to which she did not respond much and which kind of shocked me.
During my stay, she pulled up fight with me 2-3 times on small issues, which I neglected thinking she’s taking time in adjusting in new house and environment., but after my getting back to Canada, thing started getting to be worsened.
She would stay for long hours in her room and would come out of her room only at lunch or dinner time that too after much of calling by my mother. When I asked her to help my mother in the daily household things, she used to pick up a fight with me and would say that my family & me treat her like a servant in this house.
She then started picking up fight with my mother as well and would always complain to me as well about her over the phone. We never used to have good talk on the phone and it became a practice of her to fight with me daily.
Since her parent’s place was also nearby she used to frequently visit them, to which my family never had any objections. In the meantime in month of July, she had gone to Delhi for her dentist and medical examination for Canadian Immigration and had stayed there for almost complete month at her sister’s place and there also she used to fight me over the phone. In the month of August 2009 after staying for 2-3 days at our place after returning from Delhi, her parents came to pick her up for the occasion of Teej.
During her absence, some typical activity in our house started happening. 2-3 times a letter would be found thrown in our house premises, which were intended for my wife.
A guy also came and enquired about her. He always used to wear a helmet in order to hide his identity. We got suspicious of her and tried to trace her cell number. We found that she used to call at 2-3 numbers late in the night and this was continuing since before marriage. The talks on these numbers would continue for long hours and would usually be in late hours in the night. When she was questioned for the same over the phone, she said nothing and rather started fighting on the same as well.
She then never initiated to come back to our house, neither her parents ever showed interest of sending her back.
Her parents also never came to sort out the matter or talk during her stay with them. After sometime, her parents came and asked whether we are willing to take their daughter back and that too on the condition that she will go directly to Canada and if not so, then they’ll file a case of dowry against us. On telling them of their daughter’s activities they tried to defend her and said we are trying to make stories. I meanwhile, stopped the process of sponsorship for her.
Her parents then started spreading rumors in the society that I had affair with 2-3 girls and that is the reason of their daughter coming back, though their allegations were all baseless and were just to harass us. Then in the month of April, 2010 they through their lawyer sent in a demand of 30 lakhs cash in order to save us from public humiliation and not filing a case of dowry against us. Sensing their wrong intentions, we on consultation of another lawyer, filed a petition on 24th April, 2010 in the court of CJM of harassment and extortion and also anticipated fear of false dowry case against us, to which the girl’s party was not aware. They kept on pressurizing us through their relatives as well to give them 30 lakhs . When we did not agree to their demands, then on 26th April,2010 they filed a case of dowry under section 498A against us , making me, my parents and my younger brother & sister in law parties to it. We then applied for anticipatory bail for my brother & sister in law.
Meanwhile, the DSP gave a report that was favorable for us and thus bail for my brother & sister-in-law was not needed. I was in Canada when the 498A case was filed against us and has not gone back to India since then.
As a development to the petition in the court of CJM, the girl’s father was charge sheeted and to which he obtained bail recently.
Now, the girl’s family is again trying to pressurize us to take back the girl and then they’ll take back the dowry case against us. Knowing their malign objective and also the harassment and humiliation we have gone through for the past one year and also knowing the girl’s activities itself me or my family are on no condition ready to accept the girl back. We have not yet filed a divorce case as my parents are still trying to get a clean report from SP and also then get my anticipatory bail, so I can go to India to file the Divorce case.
This being my case history, I need to know few things:
1. Since I am a Canadian Citizen now, is it anyway I can file a case of Divorce from here being in Canada itself? Or Do I need to be present physically in India even for the dowry case filling as well? As I fear they’ll get me arrested on me being in India.
2. When is the right time for me to file a divorce case? I am not in talking terms with the girl since August,2009 which is more than a year now.
3. Since Divorce case can take years to be settled, is there any other process through which I can get separated at the earliest?
4. Can we anyhow go for out of court settlement or Divorce by mutual consent? If so, what is the process to be followed for the same?
5. Are charges under Section 498A compoundable or non compoundable? What are the effects of both?
6. What should be the best strategy in my case? As we have still not filed a divorce case, can the matter be sorted without going for litigation and not taking long as well?
My family and I am just being another victim of 498A by the girl’s party who are trying to extort money out from us and harass us using Dowry harassment as a weapon.
Thus, request you to please help me in knowing the best way on how can I come out of this and live my life
Thanks & Regards
Prakash Yedhula
(Expert) 10 November 2010
Its unfortunate that you have chosen to file divorce after having only lived with your wife for only 10 days after marriage. The girl's activities might be due to sheer frustration of not living with you after marriage.
Be this as it may, on the legal front, you should have a strong case against your wife for seeking divorce. Otherwise the likelihood of a divorce being granted is meek.
Coming to your queries, my answer would be:
1. Even if you obtain a divorce decree in Canada without your wife defending that proceedings, the said decree is not valid in India. However, you can file a case from Canada through a power of attorney. However, this would be allowed subjected to your appearance before the court as and when required for the effective hearings. If you apprehend that you would be arrested, then it is proper that you take advance bail. The fact that the DSP report is in your favour would help you in getting the anticipatory bail.
2. Divorce can be filed at any time. But as I said you need a strong ground as divorce can be granted only on specific grounds like cruelty, desertion, adultery etc.
3.The only way you can get separated from your wife is by filing a petition for divorce by mutual consent.
4. Divorce by mutual consent can be filed. Since you are living separately, both of you can jointly present such petition. On presentation, the court would post the case after 6 months to see whether there is any reconciliation between the parties. If not, after 6 months, the court would grant divorce by mutual consent in the presence of both of you. The issue of alimony and maintenance can be settled and the same can be reflected in the petition.
5. Charges of 498 A are not compoundable. But if settled, you can approach the High Court under Section 482 of Cr.P.C to get the complaint quashed. The High Court after hearing your wife, can quash the complaint.
6. The case can be sorted out, out of court, only if both of you agree to live together. Otherwise, the only option is through courts of law.
Uma parameswaran
(Expert) 10 November 2010
It is not correct giving your wife's jewellery to your mother with out her consent.The problem between you and her started from there. Actually it is your mistake. It is only a ego clash.Try to settle it with other members .
