Innocent Victim (Nil) 04 October 2014

Extreme harassment by my wife and her brotrhers

I Got Married on 7 july 2014 ( First Marriage) on 17th july we left for delhi for my father,s treat ment along with wife . everything was allright there but i ddnt get extra time for her like eating out, movies etc due to father illness we came back from delhi on 10th August. On Same Day she called her brother and left for her home alongwith all jewelery . We were not aware of any thing unless on 13th cops came to our home with a complaint from my wife , which says we tried to kill her at jammu and asking for dowry. We Reached Police Station but girl ddnt came . Her Brother says we will not send the girl just pay us the marriage expenses . We ask them for time to think . after 2 days we r ready to give them the money which was started at 10 lakh and finalised at 3 lakh. we request them that we will give u the money in the court where we can mutually file an application but they want the money at police station only without any reciept and later they approach with deal we ca
n collect the money on notary attested stamp paper . we refused their both the requests and they taken 2 days to think . but after 2 days i.e 18th August 2014 they reached the women cell jammu with the same complaint of beating and dowry. now the matter is at women cell i and she faced date on 19th august next date was 28th i was present there but she came with her brother but ddnt go for the date her brother said that her mother is not well she is taking care of her , now the next date is 6th september 2014 .

This is the matter in brief , Sir I nvr Beat her nor any one from our family asks for the dowry in fact we instructed the matchmakers we dnt want any thing . they are saying false things taht i was married , i am a drunkard and i take drugs which i m not and i can go for the medicall process for it . in short they want money only and dnt want to send the girl. Now i attended the date which was on 6th sep . she ddnt came . Women cell Call them for next day . She Came with her Brothers and SHO of Women Cell asks her what u have decided now . she said i wont stay with him . she said just pay her 4.5 lakhs . I take some time to think but in the Evening police from some other station came to our home and call us in the evening . there her brother asking for jewellery which she had already taken and not even agreeing the jewellery which she had taken from home . so next day we taken anticiaptry bail . again on sat police came to our home to come at police station .I missed the Next Date at women cell which was 17 sep . wife ddnt came to police station on 17 she came on 18 and manage to arrange a message from police station to aresst me but i was having bail.Now women cell sho is saying pay her 4.5 lakhs and get divorce i dnt have a single penny in my pocket i am job less since 6 mnths . i f i file any case will it helpbecause she is harassing me that u have to pay her the money . i said i dnt have any thing . then she said we will lodge an fir . u would b in big trouble . i said i can pay only one lakh rs. she is favoring the girl . she had given me time to think till 2nd nov . what case i can file against the girl so women cell can stop harassing and calling me. will filling section 9 case or filling divorce will help . honestly speaking i dnt want to pay her a single penny just want to return their stufs which they gifted us and want a divorce because she already stolen my mom,s jewellery worth 3 lakh . plzz guide mee

thanking all

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3 Replies

Tajobsindia (Senior Partner ) 05 October 2014

@ Author,

1. Have you till date filed a general diary complaint with stamped / signed receiving of your mother’s jewellery being stolen by your wife?

2. You are protected by AB so you co-operate in Women’s Cell investigation by marking your presence on each and every date with signed attendance.

3. Do not give any money in P.S. or at Women’s Cell or by way of Notarised Paper understanding to girl - her side. Any money if ever to be given then give at Court that also under recording in an Order during Court mediation (if any that happens later on). Marriage expenses are not returned back which is Hon'ble SC Law. Gifts given to you by girl's side are also not returned back to her - her side which is again the Law. Only gifts which are 'jointly' owned by couples to a marriage are equally distributed that also at the time of their final Divorce and not before that which is Law of the land.

4. If she wants divorce she will approach Court and since it is a very young marriage she cannot approach Court for seeking divorce before completion of one year in marriage.

5. Mutual Consent Divorce cannot happen as one year not completed in marriage.

6. RCR should not be filed as suppose if she agrees to come back to shared home and you really did not wanted her to come back then the case will boom back upon you.

7. In my opinion you have to wait for their next move and meanwhile keep good report with a local seasoned advocate who comes at short notice to help you – your side in case of any eventuality.

8. Recent Hon’ble SC Judgment on ‘investigation first and then only arrest’ should be known to you – your side’s advocate. You can see the full text of the Judgment in one of the discussions under Family Law or Criminal Law Forum here.

9. If you claiming un-employment then register with local Employment Exchange and keep registration receipt safely with you.

10. If you want to return her belongings then you may do so at the P.S. or Women’s Cell but under signature of two witnesses from both sides on a list made for the occasion.

11. Before next date of appearing before Women’s Cell read last 100 discussions on questions various victims asked from us in Criminal Law Forum and atleast another 100 discussions in Family Law Forums here in LCI to build your basic legal knowledge.

12. Make private conversation with other victims present in LCI Forum facing similar ordeals.

[Last reply]

Innocent Victim (Nil) 05 October 2014

we filed in general diary and i am sure abt it that she will not returned back to our home

T. Kalaiselvan, Advocate (Advocate) 09 October 2014

Besides advices made by Mr.TajobsIndia, if the women police keep harassing you, better make a complaint against the police with their higher official about their attitudinal behavior and threats on you on the basis of false complaint given by your wife. If the senior police official is also inactive to your complaint, you can approach court with the complaint against the police for harassing you. This will certainly put a brake on the women police who are on torturing spree favoring your wife.