Satyam (others) 09 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 ?

6. She has filed FIR 498, 502 and 503 cases so far in one police station.

7. She has also filed another FIR in other police station. So in total two FIR she has filed. So does that mean her case has become strong ?

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

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7 Replies

Laxmi Kant Joshi (Advocate ) 09 August 2014

If you want to get rid from her then do one thing start collecting evidences against her , record each and every phone call in your mobile phone , record every threat of her father , collect each and every detail of her boy friend , it will used as an evidence in taking bail and in your 498A and other cases , according to recent guidelines of supreme court no arresting will be done without investigation the case in 498A , if your coucselling gets fail the caw cell/ samjhauta cell informs you that they are going to file fir against you, then engage a lawyer and obtain AB for you and your family which names are in the complaint , from the high court , then fight your case on their merits , after the decision of this case you file for your divorce .

Satyam (others) 09 August 2014

Hi Joshi Sir,

I understand that it may be take minimum 2-3 years to get the current dowry case settle if it goes into court which is very likely. And after the verdict (result), if we file divorce case it will take another few years..... So in total it may make 5-6 or even more years to completely get rid of her. Please advice ?

Also, Is there any possibility that when dowry case is ongoing , She may demand maintenance like certain amount monthly ? She is working right now but she is pregnant and might leave job in 1-2 months.

Is it advisable to file divorce case right now in parallel with the dowry case ? Because it may be possible that she may ALSO file other cases like Domestic Violence (DV) etc.

Thanks in advance for your prompt reply.

Laxmi Kant Joshi (Advocate ) 09 August 2014

Yes you can file divorce case right now on the ground of mental cruelty u/s 13(1)(i-a) of hindu marriage act , i have not suggested you earlier because you will engage in to many cases then it will become difficult to lookafter all the case simultaneously .

Satyam (others) 10 August 2014

Hi,

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

Sudhir Kumar, Advocate (Advocate) 20 August 2014

why you have started new thread.

Sudhir Kumar, Advocate (Advocate) 20 August 2014

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.

Ans: Possible

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.

Ans: possible

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.....

Ans: Possible

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

Ans: Possible