Misuse of dowry laws
Aditya Sharma
(Querist) 16 December 2012
This query is : Resolved
Respected Forum,
Seeking your advice in below case.
Charged under 498A, Domestic violence, we arrange Arrest Stay and did compromise and came back with my wife in Dec'11. After 6 months, my in-laws decided that it seems unwise to drag the relation and let settle it out of court. Three meeting failed because of their demands. Later, they made a scene at my residence with their relatives and we had to go to local Police and again compromise happened and my spouse gave in written that she will continue this relation in correct manner and her father wrote that they will withdraw the case. But on third day, my wife again made some wounds on her body. Luckily, we escaped and her father took her away with her belonings and requested for meeting to settle, but settlement didn't happen. We received notices from National Mahila Ayog, CAW cell which got closed as same cases are already in action. My wife gave in written that she was not aware that case was still active and will fight the case.
On Aug 31, She applied in MAhila Ayog
on Sep 23, She created scene at my residence.
On Sep 26, She left my house with her father with her belongings. Her father gave in written that his daughter is returning with him in good condition and they will accept court's decision. Same day he went to local police station with some marks on body and complaied against us got medical certificate.
On Oct 1, she applied in CAW with that medical certificate. This case got closed in first hearing on same day as same case was still active.
Now my question is,
I) Can't I file a police case against my wife for misusing laws as dates mentioned shows her intentions. Please guide..
II) I and my family are on interim bail for last 14 months and to fight the case, will we need permanent bail or interim bail will become permanent or I have to go behind bars to get bail because of our system as females are always considered.
Thanks..
Kiran Kumar
(Expert) 16 December 2012
Its not a stage where you can charge her and her family for misusing the process of law.
Better go for some final compromise, in case nothing happens then let the litigation to occur.
If during litigation you are able to prove her false then you will be on better footing to charge her and her family of misusing the process of law.
V R SHROFF
(Expert) 16 December 2012
Get regular bail
No use to file case against ur wife for false dowry.
Charges , even if proved, court had not punish any lady for filling false 498 [to my knowledge] and court says, charges were not false, she failed to prove for lack of witnesses and evidence....
No court judgement that charges were false.
accused is aquited for failure on comp part to prove the case !!! so where ur compl stand???
ajay sethi
(Expert) 16 December 2012
from facts stated by you it appears that your wife and her family members dont want a settlement . they want monetary settlement and you are in no position to aceded to their demands .
forget about any possibility of reconcilation . fight case on merits . concentrate your energies on fighting exisiting cases . donr file any case against her at this stage
R.K Nanda
(Expert) 16 December 2012
contact local lawyer.
Devajyoti Barman
(Expert) 16 December 2012
There is no law for punishing for the misuse of law.
Try to go for mutual settlement . It would of help to both of you.
