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Sundar (Employed)     30 December 2013

Please help False police complaint ground for divorce?

Dear Members,

My wife has left the martial home 3 months back with her parents. After 10 days back she given complaint(No FIR has been filed) under sec 498 in police station. We had counseling and my wife stated that she is not willing to come with me. In police station  we came to settlement that i have given all her jewels and things given at the time of marriage and she return back the money which she taken from me for her own (father) family needs. After that no communication happened either side. Thought to file RCR but my lawyer said they will counter it and file several cases against different sec which i am not aware of. So wait for sometime.  Me and my wife has no issues but her parents is the one who creating problems within us. i am not sure how to proceed further... ( we got married 18 months back)

1. Can i file RCR or Divorce case.

2. Is giving compliant in police station against me can be a ground for divorce?

 

Please advise



Learning

 5 Replies

Laxmi Kant Joshi (Advocate )     30 December 2013

Sundar as you stated that there are no issues in between you husband and wife , i suggest you don't be to hurry for going divorce, talk to your wife and try to solve your problem and sort out the differences and Misunderstandings and get back from all these silly allegations and unnecessary litigations , talk nicely with her and if you want to talk to her alone request the mediator of the counselling center about it , if you had done all your efforts to reconcile the matter and all are in vain and no hope of her coming back then file divorce case against her on the ground of mental cruelty upon you as she left the Home without any reason and files false case against you in the police station .
1 Like

Girish (Senior Manager Operations)     30 December 2013

Sundar, by reading your note it is clear that your in-laws are greedy people. They must be planning to lodge 498a case,406, DP & DV cases against you & your family members so that they can put pressure and take ransom from you (5 lakh /10 lakh or 15 lakh).

You better act first and file RCR which will sho your intention is clear. Also, record every telephonic conversation with your wife / in-laws which could help you prove you are innocent later.

RCR will give you a chance when you would require Anticipatory Bail (498a case).

DO NOT WASTE TIME! I filed several complaints against my wife & in-laws when I started receiving the threatening phone calls. I have all the call recordings. I even tried for the amicable settlement and I was ready to pay her 5 lacs for not dragging my old parents & siblings in this mess BUT that greedy BITCH, her BITCHY MOTHER & FUCKING BROTHER filed false cases against me (498a & DV). Due to my actions taken ahead of all this sh*t, I am having sufficient proof to prove that I am innocent. Gather all the evidences.

Your wife is not an infant anymore. She could have used her brain BUT she is also with her parents. She is also greedy & just behind extorting money from you.

ALL THE BEST! Fight with pride if you haven't done anything wrong. Keep in mind 'TRUTH ALONE TRIUMPHS'!!!

1 Like

rachitsinghkushwha (reviewer)     30 December 2013

after reading your case, please file rcr not for bail but to bring your wife back. if your intentions are ok then she will love you this act. wife being daughter thinks her to be most vulnerable as adjustments in new environment seems tricky. so file rcr for its real provision.

i am sonia devi singh, rape victim by my devar, after that i filed rcr and my inlaws take me back and rapist is also in home. RCR is super provision. but only motive should be to get your husband /wife back. parents too wants happiness. but misunderstanding/situations confuses everyone. my husband told family is above all. wife is also human. file RCR. my best are with you.

1 Like

Sundar (Employed)     31 December 2013

Thanks all for your suggestions... i am interested  to live with her but this is second time she is doing like this.  First time she went and i called him after 30 days and she come back to me by creating picture that i done mistake and not to do so.. now this is second time but went upto police station... i dont want this repeating case in my life.  The situation is she is only 22 years old and she is not matured to understand what marriage is all about. she has younger brother at 10 years old... Her father has no source of income and they are finding all ways to get money as quick as possible. Even they are trying illegal ways to earn money... They are threatening my wife by showing her younger brother... and she is more concerned about him then me... this is the issue she left me... i asked my wife to go for job to help her family but she is not ready for that too... i am not in position to take care of her family expenses... if i am not ready to help her family she will not come with me this is what the situation.... 

Adding to the above...  If she is not ready to come back and i file divorce case  based on false complaint  still i need to pay maintenance to her? If so then her age will be consider were he can pursue his education and go for job which may result in low maintenance. 

Sundar (Employed)     31 December 2013


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