False dv case filed by wife
Sukhjinder Singh Saini
(Querist) 20 June 2014
This query is : Resolved
Hi
I belong to Mohali and got married in Feb 2009 to a girl from Delhi (arranged marriage). We were both working and living in Delhi after marriage. My parents were living in Mohali. The girls side lied about her qualification and social status of their family which we could not verify before the marriage (we have the newspaper advertisement). There were problems in our marriage from the very beginning because of her quarrelsome & irritable nature and her constant demands for buying property in her name. Since we lived in Delhi, her family (father, mother, sister, brother) used to come to my house and fight with me. In Jun’10 there was a big fight between me & her and she called her father to my house. Both of them started beating me (I have the photographs of the injuries I suffered). After that she left with her father to her parent’s home. 2 days later her father got a paralysis attack and he was bed-ridden for life after the surgery
Between Aug’10 till Oct’10 there were constant attempts from our side to bring her back but she did not come. In Nov’11 she filed a dowry complaint in the police station and named me, my family and some of my relatives. The police did the mediation and I made an attempt to pacify her and make a fresh start. She asked me to write a compromise (on Rs. 100 stamp paper) in Jun’12 which included many terms like I was responsible for his father’s condition, I will return all her jewelry, I will never ask her about her salary & spends (which I never did before the fight as well), she will not be asked to visit my parental home and I should buy a property of at least 40Lacs in her name within 2 months. I had to give everything in writing and I did everything that was written except for buying the property as it would take time
After the compromise, I moved to Bangalore in Jun’12 as I got a new job there and she took a job transfer to B’lore in Sep’12. She got pregnant in Oct’12 and threatened me to abort the child if I did not buy the property in her name. Investing in the property at that time was impossible for me as I was supporting my parents also and with the baby coming, the expenses were bound to increase. On top of it, my wife would also quit job and I have to bear her expenses as well. I somehow convinced her not to abort the child but got suspicious of her wicked intentions for property. She quit her job in Feb’13 and asked me to take her to her parents in Delhi in Mar’13 and I did so. Every month I used to transfer Rs 15K in her bank account. The baby was born in Jun’13 and I paid for all the expenses. She stayed in Delhi till Nov’13 while I was in B’lore and in this span she fought with me regularly on phone on the property matter. Whenever I went to their home in Delhi to meet her, she, her brother and her mother used to fight with me and insult me. I somehow convinced her to come to B’lore and brought her and the baby to Bangalore in Nov’13. I did whatever I could to support her and make the relationship work including taking care of the baby, bathing him, making him sleep, appointed a cook so that my wife does not have to cook, started doing office work from home so I am available if there is an emergency etc. But she picked up a fight with me again in Jan’14 over the property matter and left for Delhi with the baby. There was no communication between me and her after that. Now she has filed a Domestic Violence complaint against me and my family. I wanted to know:
a) How can I defend myself from this false complaint?
b) How crucial is the fact that I had promised to buy a property in her name but could not do it (because of genuine reasons) and how gravely can it be used against me?
c) Can any heated arguments between me and my wife (while she lived with me) be considered as DV?
d) I have been called to the police station by the Women Cell officer – what should be my stand in front of them
e) Can the proofs like her side lying about her qualification and family status and the photographs of the injuries I received back in 2010 be used against her?
R.K Nanda
(Expert) 21 June 2014
repeated query.
T. Kalaiselvan, Advocate
(Expert) 23 June 2014
She can file any false case against you, it is her right, you cannot forbid her from doing so, at the maximum you have to defend yourselves by challenging all her false allegations properly.
She cannot demand as a right to buy a property on her name, though it is a family affair, her such demand can be treated as an illegal demand and threat.
As told she can file any type of case against you, whether a heated argument exaggerated as domestic violence of anything, as suggested, you challenge it.
If you have been summoned to police station, better accompany with a lawyer and if the possibilities of registering a FIR appears, you may obtain AB and then call on the police station.
During trial, you may use the evidences in your possession to defend yourself.
