Wife filed 498a after 7 months of filing void marriage petition by me
Shivaji
(Querist) 14 April 2015
This query is : Resolved
Respected Sir, I married a girl on 13 May 14.The girl's family offered me 10 lakhs dowry. But she came from middle class family i transferred rs.100000 to her father account for expendiures during marriage and i also purchase a bike pretended that bike was given by in-laws as i loved her i dont want her parents to be in burden. And promised that i arrange 3 lakhs later to support them. To give me as part of dowry. And i didnt take land 1100 sq.yards as they offered to me.The marriage was celebrated at my home with my expenditure.She came to my home to join matrimonial life with me.But to my surprise she is not allowed me to touch her and having first night with her.I asked the reason for about the strange behaviour. She put 3 conditions to me...I- Not have s*x for two months as she was suffering from chest pain....II- She refused to come to honeymoon with me as stating that she is not in mood....III- refused to come along with me to my workplace to lead a marital life as she seek time upto Novemeber 14. Reluctantly i agreed to do so.On 13 May 14, she asked my mobile to talk with her parents and i had given my mobile to her.At night to my surprise i found that my wife is in love with her cousin ( in relation brother {my wife's mother's elder sister's son}) they conversation is about both of them to commit suicide.The conversation is all about instructions given by him to her that how to move with me in home like not allowing me to touch her if i tried to touch her, he told to her, that, just warn me that she will cut her hands...not to get on my bike...not to sleep with me etc. Every thing he told to her and she followed that.I saw the hell that two days when she came to my house for matrimonial life.But i kept that agony in my heart as she requested for two months to maintain distance between us.The whole conversation was recorded in my mobile through auto call recorder.She didnt know abt that recorder. I filed FIR in PS for their suicide conversation on 18 May 14. ANd i filed a petition to nullify our marriage on 23 May 14 and sec 420 against her and her parents.i Send her to their home on 14 May 14, the fourth day after my marriage.Now they submitted the reply to my petition stating that all the recordings are not true and i am demanding 3 lakhs additional dowry. In failure to do so, she has been harrassed and i & my parents send her to their home.And also quoting that i am getting handsome salary and i possessed 50 lakhs property. But she is saying that she will come along with me to my home for joining matrimonial life. But i am not interested.Do i get divorce by this evidence.After six months she filed a 498A and sec 3& 4DP act against me and my parents.I send to remand and came out by bail.Still i didnt received summons from court. But hearing of my filed petitions (void marriage) are continuing.Mediation is also completed by family court judge.And next date was given on 22 Jun 15. Would i get rid of this 498A case by the evidences i had. The evidences are call log of her and her lover's mobile phones of 2010 year since they are in relationship, marriage videos showing not intrested in marriage by keeping the distance in reception and wedding eg. refused to keep hands on her shoulder and waist during photoshoot, autocall recorder of their conversations, the bank statements of money i transfered to her father. Please help me.
SAINATH DEVALLA
(Expert) 14 April 2015
At the outset U are accepting that U have taken dowry from them.Why do U make it public.When U filed divorce didn't U expect she would file 498 A? The evidences at UR disposal may not be of much help.
Rajendra K Goyal
(Expert) 14 April 2015
Full case file need to e referred, consult some senior lawyer in family matters.
Shivaji
(Querist) 15 April 2015
But i send her to their home in presence of village elders on fourth day after my marriage.now she is blaming that i beaten her and send her for extra dowry.filed false 498a against me.
Shivaji
(Querist) 15 April 2015
She also told nupitals were canceled as she was rejected during counseling by judge.how can i prove myself innocent as she cheated me and having affair with the other guy even after marriage.thts y i send her to her house.
Shivaji
(Querist) 15 April 2015
She also mentioned in the warrant by police that me and my parents were looked after happily and send her beating on fourth day for extra dowry. How could it be so she is so liar sir.
Sudhir Kumar, Advocate
(Expert) 25 February 2017
you appear to have been meticulous in proving things against you.
you took dowry and publicly announced.
you send divorce notice and 498a is the price prevalent in market.
you hve only done some non-foolish acts :-
(i) pone recording - denial by her is natural but the recording can be subject to forensic test in addition to your own evidence. Since the person is instigating her in to commit crime (i.e. threatening suicide) he can be subjected to police remand if you are able to move police.
(ii) evidence of village elders
(iii) evidence that you transferred money.
