False dowry case
manoj kumar
(Querist) 21 January 2014
This query is : Resolved
Hi Experts,
My name is Manoj. I am seeking your advice here. I got marriage in 2010. I had a very disturb life since I have got marriage. My wife parent has always kept on disturbing my life. She has left my home number of time. I would like to share here that last year she had given an application in mahila thane last year but I got out of it because of few relatives. She took application back and got agreed to stay with me as we have a baby. But last month she said to me that she is going to see her mother and will come back within five days. I would discuss here that I am working out of my city. She did not came back to my home and has switched off her cell. I went to her home. Her father told me that she will be back within 2 days as currently she is staying at her mama home. But after 6 day I got a police man at my home with an application file by her that I am torturing her and asking for dowry. She has sent this application to Mahila Thane, SP oofice and mahila aayog by regestry. I am in pain in now and looking for expert advice. I called her father number of time but they are not agreeing here and I am not able to contact her. I am worrying for my chield future. Please suggest me.............
Devajyoti Barman
(Expert) 21 January 2014
This dispute is still in earlier stage as no FIR is registered.
Try for settlement talking to her parents.
If they remain adamant then apply for anticipatory bail. Once it is granted you can breath a sign of relief and brace yourself for long fight ahead.
manoj kumar
(Querist) 21 January 2014
Sir, I Have words with her father number of time but every time he says that things will settle down and he will take application back but police costable is calling me daily for report. On the other hand I have give reply them through my lawyer today and send this courier to SP office and mahila thane. Now I would like to ask you If they not agree to settle it down here. What are other option I have and Advice about custody of my son. They are threatning me for last two year to have dowry allegations on me and my wife supporting them.
Rajendra K Goyal
(Expert) 21 January 2014
Custody of your child to you is doubtful. You can have visitation rights.
As advised by the experts, If they are adamant, you should try for anticipatory bail.
Devajyoti Barman
(Expert) 22 January 2014
If talk fails then you have to be ready for fight which starts getting bail first and then for host of other reliefs like divorce, custody etc.
Meet an advocate.
T. Kalaiselvan, Advocate
(Expert) 23 January 2014
It is advisable that you seek anticipatory bail immediately and after that get ready for legal battle against her. Dont worry they will not hang you, there are chances that you will some out scot free.
manoj kumar
(Querist) 23 January 2014
Sir, I am not getting any response from their side as they are very much sure that I am in trouble they are not. I spoke to my lawyer he said Anticipatory bail is not applicable in UP its applicable in Delhi only. What we did we sent an application against them and wrote in that (My wife) She left home without any reason and registered a false dowry case and I am still asking her to come back to my home. I have given this application in SP office and Mahila Thane and In case they do reply with a day or two I will go court and will try to file a divorce suit. If any other way availble please suggest me
Devajyoti Barman
(Expert) 23 January 2014
If you have decided to file divorce suit then go ahead for this.
If FIR is registered in the meantime then you can file quashing in HC and apply for stay on arrest.
V R SHROFF
(Expert) 23 January 2014
I too go with Mr.Barman
Shonee Kapoor
(Expert) 23 January 2014
Getting AB should be a priority.
Regards,
Shonee Kapoor
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Guest
(Expert) 10 December 2014
Well advised by Experts
