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Satyam (others)     04 August 2014

Dowry case filed against all family members

Dear Experts,

Its been 1.3 years of my marriage. After couple of months I found that my wife is cheating on me and she has a boyfriend even after marriage. After we brought this ashamed act of her to her parents, they reacted very casually and threatened us to file dowry case if we do something to her. We kept quiet but couldn't tolerate her cheating and we had continuous arguments. Now her father has lodged an FIR of dower against my whole family. 

After FIR, tahsil police (SHO/SI) has forwarded the case of Samjhauta center (Arbitration) in district to reconcile between the parties. But after couple of meetings at Samjhauta center (Arbitration), I dont think that I can live with her. No attitude/behavior change and her father threatens even now that if we don't settle here, they will drag us to court in this dowry case.

So we (family) is thinking , Take this 'FIR case of dowry' to court and file an divorce case to get ride of her permanently.

Please suggest 

1. Can we file a divorce case where in she already had lodged an dowry FIR case ?

2. What is the possibility of Arrest of family members and myself?

3. What could be the worst case in this case?

4. What could be the best case in this case ?

4. Can she lodge (file) some other charges to me or my family members?

5. Or we should wait for the current dowry FIR case to settle and agrees to all her demands/tolerate her ashamed behavior for months/year and then later file divorce case ?

I will highly thankful if you can advice us and even give some other options to fight her and this case and get me/my family out of this whole FIR/Arrest case etc.

Thanks

Satyam



Learning

 16 Replies

Q Slinger (NA)     04 August 2014

1. Can we file a divorce case where in she already had lodged an dowry FIR case ?

A: Yes, you can. However, remember, if she contests the divorce, you are highly unlikely to get it. Are you able to prove (as in video recording, SMS's, Chats, audio recording, photos) of your wife's affair? If yes, then divorce will be very easy.

Even if you divorce her, that does not mean the dowry case will go away. Infact, its quite a disadvantage for you as she might marry her bf and together they might fight against your family and u.

 

2. What is the possibility of Arrest of family members and myself?

A: For you, there is a chance, however after the recent SC ruling, the chance of arrest for your family members is none in a dowry case. What cops are doing now to bypass the SC ruling is, they are also filing 307 cases which mandates an arrest. Best you take anticipatory bail.

 

3. What could be the worst case in this case?

A: Worse can be anything from arrest to spending a numbers of years running around courts. All depends on what all cases she is filing on you.

 

4. What could be the best case in this case ?
A: Don't know what u mean.

 

5. Can she lodge (file) some other charges to me or my family members?

A: Yes, 420, 498a DP3,4 etc, 307, 407, 507 and DV

 

5. Or we should wait for the current dowry FIR case to settle and agrees to all her demands/tolerate her ashamed behaviour for months/year and then later file divorce case ?

A: Are you willing to tolerate the demands of your cheating wife for the rest of your life?

gautam (not disclosed)     04 August 2014

No person with self respect can tolerate a cheating wife life long.  If you get proofs, that will help you a great deal in getting divorce.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 August 2014

The basis of any criminal Jurisprudence around the world is - "innocent until proven guilty" and in words of English Jurist William Blackstone "It is better that ten guilty persons escape than that one innocent suffer." This law overturns both these principles. As soon as a woman makes a statement that so and so person demanded dowry from her, that person is treated as a criminal and tried as a criminal. In dowry cases, onus of proof that dowry was not demanded is on the accused. Since the law is cognizable and non-bailable, police has a free hand in arresting anyone who it deems fit as per the written complaint by the woman without 'any' investigation. I say without any investigation because the FIR and charge sheet in most of these cases is a replica of each other. Rarely have I seen evidences from husband's side being considered or presented. So statement of a woman is enough to throw a common man or woman behind bars.Now husband duty is to contest the case in the court of law with evidences on his side.

1 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     04 August 2014

Law has given many rights to woman so you have to face legal system.

 

Put a good advocate and it may take time but you can win all the cases since charges can not be proved in long run.

T. Kalaiselvan, Advocate (Advocate)     04 August 2014

This is called as misuse of law by women by taking its biased provisions in their favor and behave arrogantly against their innocent husbands and his parents.  This is not an isolated incidence and this menace is increasing every day despite the supreme court ruling which intended to curb the misuse of the same to the extent possible.  Who cares, rules are flouted by law makers as well as by the so called protectors (police).  The police will never listen to the pleas of innocent victims (husband and his parents) because of the gratification towards the graft greased in their palms. Now to your questions:

If you are no more interested in continuing the married life with her, you may file divorce case on the grounds of cruelty and adultery.

apprehending arrest by the police, you may go for anticipatory bail;

The worst and best situations cannot be predicted in the course of event that are incidentals in this issue;

She can file many more cases, namely, DV case, maintenance case, return of property (streedhan) u/s 406 of IPC, etc;

Do not ever budge to their pressure of settling any amount towards the release from all their pending and future case against you, you have strong grounds to challenge all her allegations, ask them to proceed through court and make them run to and fro to the court.

Satyam (others)     10 August 2014

Dear All,

Panel team of Samjhauta center (Arbitration) in district says to reconcile between parties that means, let husband and wife live for 3-4 months and then they will give clean chit/clear this case from their end and FIR will be dropped if husband and wife wants to live together thereafter.

But we are afraid that if I live with her and she might lodge some other FIR cases like

1. She is currently pregnant (6 months) and if she gets abortion/drops her child and then lodge false FIR that I beaten her and due to that child died inside her and she had to for abortion.

2. She can lodge FIR that that I have beaten her and show some bruises, in this way her earlier case will even become more strong.

3. She can also say that even now my parents call her for dowry and threaten that if she does not drop the case etc etc.....

4. In dowry case whats the possibility of arrest and jail if the matter goes into court? So far there is no arrest

yogendra (engineer)     11 August 2014

Dear friend,

 Don't afraid..just put her in your home and in meanwhile you gathered the evidence.Do some recordings in which she is misbehaving you and your parents.It's not possible to live with wife who complaint gainst husband.No one can tolerate.You have self respect also.File the case on basis of section 13(1) a on ground of cruelty.You will succeed.

karthik (divorce applicant)     12 August 2014

freind, i too faced same situation but my wife alredy filed 498a and i field divorce, so it take years to finish, so better you stay with her for few more months and collect video/audio evidence of her illict relation, gift her a mobile with voice recorder in place and record her all conversations else if possible secretely take a video of their love scenes then you will be freed from this mess else, they continue 498a case and you end up with these hanging cases for years..

remember for quick divorse you need good evidence, so act intelligently and try to collect as many evidence as possible forget about other things concentrate only on evidence collection.

regards,

karteek

Sudhir Kumar, Advocate (Advocate)     20 August 2014

1. Can we file a divorce case where in she already had lodged an dowry FIR case ?


Ans : Yes if you have proof for her cheating.  Mere filing of criminal case by her is no ground for divorce unless the same is proved false (which will take years of suffering of entire family)

Sudhir Kumar, Advocate (Advocate)     20 August 2014

2. What is the possibility of Arrest of family members and myself?

Ans : Yes possibility is there.  The intensity o this possibility can be judged only be someone who has seen all the papers. Or by astrolodger.

Sudhir Kumar, Advocate (Advocate)     20 August 2014

3. What could be the worst case in this case?

Ans : For knowing the words in a criminal case you need not consult legal forum.

Sudhir Kumar, Advocate (Advocate)     20 August 2014

4. What could be the best case in this case ?

Ans : can be replied by only someone who has seen totality of picture.

Sudhir Kumar, Advocate (Advocate)     20 August 2014

4. Can she lodge (file) some other charges to me or my family members?

Ans : It is for her to react. she can file any case on earth (articulrly when one is bent to file false cases)

Sudhir Kumar, Advocate (Advocate)     20 August 2014

5. Or we should wait for the current dowry FIR case to settle and agrees to all her demands/tolerate her ashamed behavior for months/year and then later file divorce case ?

 

Ans : It may take 20 week to 20 years for finalisation of dowry case. 

 

Please take note that if any matrimonial offence is condoned then it cannot be re-agitated in a belated divorce.

 

If you have to forgive her then forgive her for the entire life and never think of filing divorce on the same ground again.


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