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Shiva   24 May 2025

False dowry allegations and non-consummated marriage

Last year, I got married, but from the beginning, my wife behaved unusually and kept her distance. Our marriage was never consummated. Later, she revealed that she had been in a serious relationship with another man for ten years and had been forced into marrying me by her parents. She stayed with me for less than two months before returning to her parental home.

After a year, her father agreed to a mutual divorce with no alimony involved, and we agreed to exchange only the items received during the marriage.

Recently, however, they filed a Section 498A case against me and my family, falsely alleging that she was harassed for dowry. This appears to be an attempt to cover up the real reason she left — her prior relationship. They have claimed I took ₹75 lakhs in cash and ₹10 lakhs worth of gold as dowry. In reality, I did not receive any money or valuables from them. 

My questions are:

  1. Can they legally claim money or assets when they haven't given us anything? There are no bank transactions or proof of any such transfer to me or my family.

  2. Can she claim alimony under these circumstances, especially since the marriage was not consummated and she is gainfully employed and living independently?

This situation feels like a case of deceit, where I was misled into a marriage with someone who had no intention of continuing the relationship.



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     24 May 2025

  1. The burden to prove their allegations are on them, so let she state the same in the trial proceedings with evidence, your lawyer can challenge their claim and can nullify her allegations during cross examination.
  2. Why did you not take any action to file annulment petition within one yer to annul the marriage for non consummation of marriage.  Now it will be too late beyond one year to file the annulment petition.  If she is employed then you can prove that with evidence and can deny maintenance or alimony to her.
1 Like

Shiva   24 May 2025

Thank you for answering, sir

We did not file an annulment petition because when the girl left, her family agreed to a mutual consent. We thought it would be unnecessary to file an annulment petition when they were ready to give a mutual divorce.

R.K Nanda (Advocate)     24 May 2025

1. No

2. No.

1 Like

T. Kalaiselvan, Advocate (Advocate)     25 May 2025

Now you may have to file a divorce case on the grounds of cruelty for the acts of filing false criminal complaint among other reasons.

1 Like

Manohar Muthusamy   25 May 2025

Whatever allegations  they  lodged, responsibility  of proving  those  allegations  is with  them.

You simply  deny all allegations  and  proceed.

Proving  dowry, domestic  violence  are very  difficult 

 

1 Like

Dr. J C Vashista (Advocate )     25 May 2025

Same query has already been posted and replied as found from your profile, some of them are:

replied to a topic in forum False dowry allegations and non-consummated marriage

posted a new topic in forum False dowry allegations and non-consummated marriage

replied to a topic in forum Adultery in the first year of marriage

posted a new topic in forum Adultery in the first year of marriage

replied to a topic in forum Guidance needed: handling divorce in a new marriage

replied to a topic in forum Guidance needed: handling divorce in a new marriage

posted a new topic in forum Guidance needed: handling divorce in a new marriage

More ..........................
Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=1066799

If you are not satisfied with obligation of experts it is better to consult a local prudent lawyer for professional advise, if it is your personal and real problem. 

1 Like

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