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Justacommonman (Common)     11 June 2013

Extortion attempt by in-laws - fear false 498a/dv/other ilk

Hello Everyone,

Thanks in advance for reading this and helping as much as you could:

 

Case

Myself: 30+ Private sector professional working in Delhi NCR. Parents - Father a Govt Servant, mother housewife, two married elder brothers. Family - Upper middle class staying in Delhi.

Wife: 27+ Not working (Worked previously before and after marriage but left work on her own accord). Her father is in private job and mother is housewife, one sister who is married to a private sector professional. Family - Lower middle class staying in Delhi.

Marriage duration: Completing 1.5 years shortly in Jul-2013

Facts of the case:

1) Was living seperate from my joint family (parents and brothers) for about 6 months as moved into my own residence in Ghaziabad, Indirapuram. Provided all materal comforts to my wife and witnesses to argue of my good and co-operating behaviour. (Neighbours can vouch for this)

2) Wife left about 2 months back on petty dispute and since then living with her sister at her place (within Delhi). Wife's parents also living nearby to her sister's place. (Not sure if I need to prove this that she had gone away on her own about 2 months back)

3) 4 seperate attempts at mediation failed since FIL and MIL do not allow it to happen. Falsely accuse whole family (me, my parents and brothrs) of mental torture and have converted small misgivings to big acquisitions. (No mediators involved. This was always a sit down between family members of either side)

3) Wife is unwilling to reconcile and now threatning that she would file a false case against (she can literally pick and choose DV/498a/Mental Cruelty). (I have a proof of threat but it may or may not be admissible)

4) About 15 days back she called demanding 25+ Lakh for MCD or face the consequences. (I've proof of this which may or may not be admissible)

Our Family Outlook: Family can afford  25  Lakh but would mean giving up most of the acquired property / savings made over a period of time. Pay up via a legally binding MOU after divorce and get MCD for 25 Lakh.

My Outlook: 

1. Find a passionate lawyer operating in Gzb, Delhi having expertise in Criminal and Civil cases and willing to be a friend with me on this (recommendations welcome with lawyer's previous exploits).

2. File for a pre-emptive extortion case against wife with the proof. The proof can only be questioned for authenticity regarding which procedure I can provide live demo and existing evidence. (Anybody has done this before. Can this be done in court?)

3) If wife files for false case then argue on grounds of extortion attempt to quash the case. Other arguments could be: 

- Doing well with own house so no need of money.

- She has no evidence and as I understand the burden of proof is on her.

- Our family status (monetary and societal) is well above them. So there is no ground for such demand.

- Recent big ticket purchases (no property) on wife name. If I wanted dowry, then why would I do this.

(Are these arguments solid?)

4) If wife doesn't file case then appeal for seperation on ground of extorition and cruelty. (Possible??)

5) Not so sure about what are the scenario's in which I may have to pay her maintenance. (Require guidance???)

 

Especially looking for responses from those who have faced false cases and have some legal idea about all this. Please guide me.



Learning

 1 Replies

Justacommonman (Common)     12 June 2013

Hello Need Justice,
 


I've provided the complete picture. I have never found anything suspicious with her behaviour and therefore don't know why she is behaving in such a manner. Possibly this could be due to my in-laws interference who are not well off and might be in need of money. But, there is no ground for me to prove that she has been misguided by her parents as such things are impossible to prove. The only way I can hope for getting out of this is by not giving in to her demands and stay firm until she takes a wrong step.

 


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