Wife sent advocate notice for false dowry and false harassment
Rahul
(Querist) 26 June 2013
This query is : Resolved
Hi,
I married 5 year back . it was love and inter caste marriage(she is from upper caste and I am backward caste )and wife father was not agree so we run away and got married. I have 3 year son also. now their family convince my wife and they sent private advocate legal notice with False allegation. False allegations are
1. she has been physically and mentally harassed
2. she is not getting any money support for her and son
3. she has been asked for dowry from our side
4. she has been thrown out from our house after physical harassment.
Kindly help to fight with these false allegation.
note:from last 3 year she is in her parental house only two time came to my house that too of very short time.
I am working outside and away from home from 3 year and only meeting her during my vacation period.
she is staying with parent in different state and from there only she send notice to me and my father.
all the way of compromise has been failed.
kindly help
I will be obliged.
Adv Archana Deshmukh
(Expert) 26 June 2013
First of all reply the notice thru a good lawyer and deny all the false allegations made against you.
Rahul
(Querist) 26 June 2013
@Adv Archana
Thanks for prompt reply.
We are replying their advocate.
My concern is now most likely they will register FIR or court false case like 498a, Dv and 125.
so is there anything I should take as preventive step .
ajay sethi
(Expert) 26 June 2013
you msut have been sending money to her . furnish those details .deny dowry harrasment . say that you love your wife and want her to return to her matrimonal home . rely upon sms , emails if any sent by you . contact a local lawyer .
Rajendra K Goyal
(Expert) 26 June 2013
Well advised by the experts. You should engage a good lawyer to defend you in the court. For notice you may deny all charges.
Rahul
(Querist) 27 June 2013
@ Ajay sethi,@ Archana , @ Rajendra
Thanks.
yes I have bank statement where I have sent many times amount to her account.
and have thousands of chat history where we talk lovely and nicely like love bird.
even after getting notice also I send several time email but now she is not replying.
and I have also sent advocate reply denying all false allegation .
Now kindly help me to understand and need expert comment.
1. Is there any base of harassment where husband is not staying permanently with wife for almost three year only meeting her in vacation period.
2. Is there any base of harassment by husband family where wife is not staying permanently with in laws and only visiting in laws house with husband,that too from last one year she went only one time for 7 days with me only.
3.Is there any base of harassment by husband family where my mother died almost more than two year ago before my child birth and my sister got married before my marrige and settled out of country .
4. Is there any base of dowry where me and my wife go against each other family and got married and its intercast one. and never asked any money from them even few times I only transferred amount to inlaws account.and several time help with cash but cash proof I don't have.
5.Is there any base of throwing her out of our home allegation, where recently 3 month before she sentnotice, me and my father have all lovely photographs with inlaws family seems like family made in heaven.
and in last if she knowingly giving me and my father problem what she can get in return as punishment through IPC.
Rajendra K Goyal
(Expert) 27 June 2013
You have good case , you should contact a good local lawyer who will use all the material at appropriate platform and time.
Raj Kumar Makkad
(Expert) 29 June 2013
The grounds of harrasement are not seen in the given circumstances but the case is to be fought on merits. Better to prove all these points in the court.
Rahul
(Querist) 02 July 2013
Thanks to all the expert..
I have sent one application/Information to concern police station , courts , human right, women commission, S.P, D.S.P stating what is happening with little explanation and attached both notice from wife side and reply sent from our side.
This things one of my friends suggested me.
what I did any impact for future
comment plz.
Rahul
(Querist) 01 December 2013
Hi,
I am NRI . notice came to my parent house in India what should I do.
ajay sethi
(Expert) 01 December 2013
reply to said notice . contact a local lawyer . we have already guided you as to stand to be taken by you in your reply
Rahul
(Querist) 01 December 2013
@ajay thankx sir.
lat time when they have hired private lawyer and sent notice, we also replied to that notice. now today notice came directly from court to my parent house in my name. as i am not staying in India so my father told that I am staying abroad, and wrote same on notice reply as asked by person who came from court.
my worries is : is there anything my father did not correct for my case.
as according to notice I need to be in court tomorrow at any circumstances it is not possible to appear in court , so i think what my father did is correct as per my understanding. and I have read somewhere in this forum only that for NRI there is different method for serving notice , i mean notice should come here to me where i m staying outside India.
kindly guide us.
thakx in advance
