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My brothers wife filed a false complaint against him

Querist : Anonymous (Querist) 16 January 2020 This query is : Resolved 
My brother’s wife gave a false complaint against him and my family stating that,
1.We asked for dowry(we dint know even how much gold she brings,we dint demand)
2.My brother dint gave money for family(From the day one she started him to fight to come out separately,so he rented a house opposite to ours and live there. My mom only do all works. She will just came and eat. She wont even wash her plate)
3.My brother asked for car.(Our family is middle class family,In our street we can park only two wheeler and in my family nobody knows four wheeler driving)
4.My brother tortured her when she was 8 months pregnant(She went her mother’s house, in 3 months after marriage i.e once we confirmed that she is pregnant. After that their family demanded to leave my parents and rent a house near their house.I refused coz my parents are senior citizens and they have many medical issues.I can’t leave them alone and my salary is 13000 how can I rent a house for 10000?)
5.They said I dint take her for consultation when she is pregnant.(After pregnant her family dint allow me to talk to her.When I tried to reach her via phone,she dint respond..Then I went in person but they scold me and tried to hit me.Still me and many of my family elderly person went to convince them but they insult us and sent back.Her father said they are upper class and they can hire a lawyer with high pay, so that they will file dowry harassment case and get alimony. They wont sent her with me.They threatened me)
I am writing this to know whether is there any case that I can file for giving a false complaint against me? And misusing the law for her benefit? I have call recording and CSR copy and copy from mediation center where I approached to live with my wife.
Really our family is under stress and my mom and dad also not well coz of this issue.She should get punished for misusing the law which is meant to protect the women who are realling suffering. I should ask compensation for wasting my life and hurting my family instead she is asking me alimony which is well planned.
Really we wonder how a woman can be so much rude and cant even think about how much love and care my brother shower towards her till now. Now she filed guardian op also.I am very much worried about my baby girl. Kindly advise.
Raj Kumar Makkad (Expert) 16 January 2020
In some of the lines, you have introduced problem-creating woman as the wife of your brother but at later stage, you identified her as of your own wife. What is the reality?
Raj Kumar Makkad (Expert) 16 January 2020
In the given facts, if you have proper recordings of the conversations and so on then you need not to fear. After all truth prevails. If the mentioned lady has not initiated any legal action as on day then it shall be better to file a petition under section 9 of Hindu Marriage Act seeking restitution of conjugal rights which shall definitely help at the later stage when she starts litigation.
Querist : Anonymous (Querist) 16 January 2020
She is my brother's wife sir. She appli d for mutual divorce. My brother afraid that whether she will take care of the baby or not and looking for child custody also. Till now they dint allow us to see the baby. Is there any option to file case against her for false complaint and not allowing us to see the baby?
Sb Karma (Expert) 17 January 2020
With all evidence you can approach to the court,if she found guilty then only custody will given to your brother otherwise its hard.
So be strong with evidence.
All the best!
Querist : Anonymous (Querist) 17 January 2020
We are having the proof of payments and call recording and chats. My lawyer is saying that except receipts the recording and chats are not proofs. It won't be accepted by court. My lawyer and their lawyer are friends. We doubt that he might be misleading us.They are financially sound.
May I know whether at this instant is there any possibility to file a case that it's a false complaint and she is misusing the law.?
She doesn't have any proof for her allegation but we have proofs.
Querist : Anonymous (Querist) 17 January 2020
She filed a mutual divorce case and guardian op case sir.
We want her to be get punished for her attitude that she can do anything with money. Her attitude is to defame my family and she said with her money definitely she will put us behind the bars
P. Venu (Expert) 17 January 2020
Please post simple facts avoiding subjective opinions.
Dr J C Vashista (Expert) 18 January 2020
What is your concern for the dispute/ case(s) against your brother and his wife, Mr./Ms anonymous ?
What is the opinion and advise of the lawyer engaged / paid by your brother who is well aware about facts and circumstance of the case(s) and an able, competent and intelligent enough to satisfy your brother/ family ? Proceed accordingly without waiting for an obligation of experts, although it is available FREE OF COST.
T. Kalaiselvan, Advocate (Expert) 26 January 2020
It is the latest trend to put pressure on husband and his family members by the wives to wreak vengeance or to bring their husbands under their control.
The weapon they may choose is to lodge a false criminal complaint with the police under section 498a and dowry prohibition act besides section 406, 506 and other sections of IPC to add strength to their false cases.
Even courts have mentioned this as legal terrorism.
However for now you have no chance to file any case against her for such false complaints because it has not been proved that the complaints or false or true before she is lodging the complaint or before the criminal case has been decided and disposed by the trial court.
You may wait and watch the development for challenging the false cases on merits with the support of documentary evidences in your side.



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