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dev   17 November 2016

Divorce, false 498a, dv

Sir,
I got married last year and as my in-laws were not financially fit for conducting a marriage, we have born all the expenses of marriage and have not taken any dowry during marriage.
But, to my dismay my wife had left me just after 40 days of marriage. My wife had left from my residence suddenly without informing anyone and we had also filed a missing complaint at that time and the local police also had called her brother asking him to get her back, to which he said she is been beaten black n blue(false allegation). Upon insisting by police that they would investigate, still she did not return. Later police insisted me to withdraw the complaint which i did.
Even after attempts asking her to come back she has not returned and staying with her family. Now its already 1yr 7 months to marriage and 1 yr 6 months staying separately. 
Now, 2months back she gave a written complaint at her home town(differnt state) stating dowry harassment and domestic violence. To which the police called me for 4 discussions. In one such discussion she claimed 20 lakhs and one house as final settlement, which i denied to give. Finally she didnt file her complaint and left police station giving the police a written note stating she is mentally instable to decide on her complaint.
I then filed a Divorce at this stage as there were no FIR filed.
Now few days ago she came to the place where i live with my family and gave another written complaint at the local police station stating dowry harrassment and domestic violence, for which i was again called for discussion by police. I am being tormented without even a case filed.

In the meantime after leaving home, she had also harassed us in various ways like blank calls etc, she had also threatened of returning home and committing suicide to get us into various multiple cases, and also to kill my family(we have call recording of these). Hence, I have no more interest in staying with a criminal minded cruel lady, for which i filed a divorce.
I am currently not residing with my family as i'm working at a far off place from my home town and staying at a hostel.

Can she claim residence right even after i had filed for divorce? 
Would the court grant residence right even after she threatened of suicide and killing my family and me?
Why should i make a one time settlement of 20 lakhs and a house on her name without any fault of mine? Please guide.
Please guide me how can i get out of this false allegations of 498a and DV. Also pl guide how can i get divorce from her.

Many Thanks!!


Learning

 2 Replies

Pawan S (06292021602) (Advocate)     17 November 2016

Let her do whatever she wants. If she is determined to file allegations, then nobody can stop her.

The burden of proof lies on their side (prosecution). They need to prove what they are saying is true.

 

It’s good to see that you had filed a missing complaint at that time. They will aid you in the trial.

She has filled 498A & DV Act. These suits will also resist her to get back to your house in the future, which is good for you.

 

  1. She can claim maintenance & residence relief, even after the divorce

 

 

  • If she is unable to maintain herself & has not remarried.

 

 

  • If the divorce takes place without mutual agreement.

 

Suggestions: Do not keep any assets in your name.

 

 

 

 

 

  1. Lodge an FIR against her about the criminal intimidation u/s 503. (Since She has threatened of suicide and killing you & your family).

You can also file suit u/s 383 IPC (extortion). (Since, she is claiming huge amount base on  the false allegation & criminal intimidation).

 Try to gather evidences for this silently.

 

 

 

 

 

  1. There is no question to bear out her demands. Fight for the justice.

 

Courts are also aware of these kind of cases, as 90% of the cases are fake. So, probability of conviction in these kind of cases in very rare.

1 Like

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     17 November 2016

Rightly Advised, there is no quick fix, fight back.

 

Regads,

Zohebkhatri@gmail.com


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