False Case
Sarbjeet Seth
(Querist) 25 January 2010
This query is : Resolved
Its really helpful to read and get information , I must say job well done by sharing and helping people who do not know where to go.
I am also in need of your good advise so that I can come out of crises with a fight back, I want to fight for injustice done with me please show me and guide me what to do..
Some facts of my case
1) Got married on 3rd May 2009, just after one month due to her Ego and high headedness she moved from my house and had taken all her belongings with her , even shampoo from Bathroom without informing that she is leaving.
2) I and my family tried our level best to patch up but failed on all fronts. She alleged that I am Impotent and degrade my image everywhere in society this thing hit me very badly. Failing at all fronts I gave an application with RED CROSS SOCIAL HEALTH to help me bring her back.
3) Instead of coming there on given date she filed false complaint with police under Sec 498 & 406.
4) Our Society tried hard again but failed and they demanded 10 lacs to settle things out and after discussion it was settled on 5 Lacs.
5) On given date we returned whatever gold and other things they gifted to us on marriage and Draft of 2 Lacs as advance and it was verbally decided that reaming will be paid after Filling of Divorce in front of MLA and our society and Friends I have witneses of the same.
6) They did not returned our gold and belongings amounting Rs. 1.5 Lac.
7) They even did not gave us any recipt and signed any deed, they said it will be done in two days but till date they have not given any receipt and signed the Compromise Deed.
8) They are now demanding more money from us and are also not giving our gold back.
Please suggest me what to do at this juncture. My father did all this so that his son can be free from this mess, we don’t even have that money its being paid by way of taking loan. I am always against paying money cause I am not at fault at any point. Please guide me what to do.
I have some question:-
1) My wife is Govt Teacher earning around 17000 pm for last 2 years. Can she claim anything from me under CRPC 125
2) All her allegations are false and they can be counter.
3) Can police file FIR after knowing all the facts till date.
4) What if I say to them Do what ever you want I am not going to pay you single penny now.
They are very much harassing me on every front both Mental and social, I can’t describe What I am going through.
Please tell me what options are there for me and how can I attack cause I want to fight for my self respect. Please suggest
Regards
Sarbjeet
Devajyoti Barman
(Expert) 25 January 2010
Once the case u/s 498A IPC it is not going to be got rid of before the conclusion of trial unless the dispute between you in the meantime gets resolved.
Since your wife is a govt teacher she is not supposed to be maintained as provided for u/s 125 CrPC though of late the court compares the status of the husband in cases of great economic disparity.
The police is bound to investigate the offence after registering a non cognizable offence. Their personal knowledge is of no consequence though after investigation they can give Final Report which is a rarity if the allegations are found to be untrue.
Srinath Kondapally
(Expert) 25 January 2010
Mr.Sarbjeet,
she cant claim 125 Cr.p.c., you might have obtain receipts or any kind of documantary proofs for your payments such as gold etc.to them, at least try to get any kind of third party witnesses for such transactions. as you are presuming taking divorce before MLA or any elders is not valid one, except getting decrere from your area district/family court.and if u are interested on your wife, file O.P. for restitution of conjugal rights, and avoid comlplications if any and time will resolve the same , even after filing the same she is not willing to join with u, automatically it leads to divorce legally for which you will have sufficient grounds for that.and for any assistance call on to Secretary,LAW CLINIC (Regd)(a social legal hospital) 09908020994 OR mail to skondapally666@gmail.com
Arvind Singh Chauhan
(Expert) 26 January 2010
I also agree with barman Sir. In addition to that you should file suit for restitution of conjugal rights in your defence. Try to collect cleverly, sound proof of demanding money from her side.
