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Vinay Paul (Software Professional)     16 August 2013

Fake allegation of dowry and domestic violence

Hi Legal Experts,

Since 2 months I am struggling in a Fake Allegation of Dowry and Domestic Violence by my Wife and her family.

After 3-4 visit in Women Cell, case is moved to court and just completed first mediation in court today  where second party(My wife and her family) just came and signed for attendance but did not visited after 2 hour for Mediation as per scheduled time by court.

SI is assigned by women cell and SI still have to take my statement on this case although I have given all the proofs to her and waiting her to call me for statement. she has to make the charge sheet.

Following charges are imposed on me

498a, 420, 504, 323, 506IPC, 3/4

Here is a very short story of case

==================================================================================

I was married as arranged marriage on feb 12.

For first three month married life was running fine, after that some unbearable activity from my wife came into my knowledge on 4th July 2012 which I was observing and suspecting from some time that she has an affair with a boy named ######## (Contact No. ########) before marriage and that she kept continued after marriage. I have all the evidence for the above fact. Even after knowing that I have a doubt on her she didn’t stop her acts and continued by other alternative means (hidden Mobile & Number ########). She accepted that she was forced by her parents for this marriage.

I was under mental pressure due to which my family and her family were informed about this problem on 6th July 2012 and her family accepted their daughter‘s offence so they took her back with them. After having 3-4 meeting with her family we brought her back in end of October 2012 with an agreement.

But even after we brought her back, her nature of saying lie, deceiving and not being transparent with me is continued. Now her family also started doing unexpected/unbearable, deceiving action that resulted in disturbance in my married life and my complete family life.

Since 26th April 2013 she is living with her parents for her Brother Marriage shopping and other activities (Marriage was on 13th May 2013), for marriage she took all her gold jewellery. Afterwards we noticed that she has also taken Electronics Items Bills and all her educational certificates and all belonging documents back with her.

On 7th July 2013, they lodged a complaint of fake allegation of dowry and domestic violence on me and on my family members and they are threatening us. I was called at Mahila Thana, Lal Quarter, Lohiya Nagar GZB on 8th July 2013 and  I went there as per the scheduled.

 

I have all the evidence to this effect i.e. (Gmail chats, Photographs, Wife Mobile Bills, Agreement, and Discussion Audio Recordings).

==================================================================================

last year in November 2012 We made a agreement for below points

First party is me and second part is my wife, this agreement was noterised and signed by my parents and her parents as witness and photo of me and my wife attached in front page. 

=================================================================================

 

 

 

  • 1.     That both parties will be spending their marriage life with happiness without any hindrance and disturbance from each other. If any hindrance and disturbance raises both parties could be spend separate life after mutually dissolve of marriage.
  • 2.     That as per the proof against second party (i.e. Google chats, phone calls and photographs), the second party was having affair with other boy namely ######### before marriage that continued after marriage and it is major reason for the differences in married life. So the second party should forget him and his existence in her heart. If second party again talking and taking interest in her boy friend, in this condition the first party is liable to dissolve their marriage and second party should also cooperate him without any conditions along with their parents.
  • 3.     That the family members of the second party knows/accepted that their daughter was having affair with other boy thereafter if the second party again repeats previous similar activities then the family members of the second party will be liable. The first party is liable to dissolve their marriage and second party also cooperate him without any conditions and the parents of the second party also cooperate.
  • 4.     That the second party is liable to manage their matrimonial life along with their in laws if she found defaulter, the first party is liable to dissolve their marriage with cooperation of second party without any conditions and parents of the second party also cooperate him.
  • 5.     That the first party will be also cooperate to carry marriage life with second party and second party will cooperate to first party without remembering past affair.
  • 6.     That after the settlement/collusion of marital life if the second party found guilty or hindrance or defaulter to carry marital life with first party, the first party liable to dissolve the marriage in the competent court of law and second party also cooperate him without any conditions and parents of second party also cooperate him.
  • 7.     That as per the collusion/settlement the second party joined her matrimonial life with first party and if the second party takes any type of illegal step in future to harm herself the first party along with family member will not be held responsible. 

 

==================================================================================

I am open for a reasonable settlement, but they demand complete expense they incurred in their daughter marriage (14 Lakhs)

I have contacted lawyer but overall I feel that lawyer want me to understand that Still I will be in danger zone only  as all the rules are in favour of women in India.

Even I am correct and have all evidence and I gave my wife a chance to save the marriage life but it failed and now I am facing such a brutial act for her side.

Need right guidance for expert people...

 

Regards

Vinay



Learning

 5 Replies


(Guest)

Dear Unlucky husband,

 

1. Change your lawyer first as he is afraid at first instance even though you have sevral proofs of her sign of adultery and mental cruelities along with contract signed by both parties(if it is on stamp paper legaly drafted with seal and sign of court).

 

2. Have pateince and wait for the right time don't get panic as this time bomb is only for few days or months,once you will get AB all the tensions will evaoprate.

 

3. Let her proove all the false cases as bunch of IPC she had filed on you and your family.For prooving all these cases she has to move round the court like honey bee and at last she will come to the corner for settlement within few years when she will realize that she had choosen the wrong button to launch misile on you.

 

4. Be a constant reader of LCI family as well as crimnial forum without fail,continuos for 1 month.

 

5. Believe in god and follow the karma---as bad karma leads you to hell and good karma leads you to Big Boss-7  house..lol

 

6. Try to catch some more vital proof of her adultery,her family background,her education, qualification,income etc.

 

7. Always choose such lawyer who is agressive and listen you,tells you the both pros and cons of your case and her move,he is flexible to adapt your needs as what you want from him.

 

8. Next your Advocate will do all things,don't worry be happy.

 

Best of luck....

 

regards,

A sufferer....

2BHelpfull (Other)     17 August 2013

as case has been file first  take AB ,


u have all the proof,why r u worring.

u can file the case if u have proof of her adultery,
 if u donot have proof of her adultery then donot file case .



just by this agreement it cannot be proved  that ur wife has done adultery/Affair.



u have to show some other solid proof .i think u must be having it .if court is satisfy that she has done all this to harrass u n has spoil ur life then there r chances that case will thrown out of the court .

u can file case u/s 13 of HMA  for the divorse

Vinay Paul (Software Professional)     17 August 2013

Hi A Sufferer,


Thanks for the reply and sharing some useful information.

Hi All,

I need some light on below point to clear things in my mind....

  • I have heard AB is not in UP, it is in delhi ? So what alternative is here in UP
  • I want to know about what is the meaning of quash, if it is done in my case will this be helpful for long term .
  • Does any of the mentioned charge is non bailable in my case ?
  • I have many discussion recording with her family clearly shows that all the proof I have are true and reliable.
  • Charge sheet that SI has to present needs my statement or not, as SI is misguiding and saying it is not required in this case, she says she will look in the proofs and make the charge sheet. I sure my wife parents have bribed them and will try to make the things as per their wish.
  • Charge sheet is present in court only if mediation fails in court, is it correct ?
  • Based on the Charges(For family- 498a,504, 323, 506IPC, 3/4. For me-498a, 420, 504, 323, 506IPC, 3/4), do any one have an idea that can we get permanent bail/stay from district court or Women cell and what would be the cost for per person
  • In Mediation second party just come for attendance and lefts without taking part in mediation, so will that mediation will be counted ?

Waiting for response

Thanks in Advance

 

Regards.

Unlucky Husband

 

Vinay Paul (Software Professional)     17 August 2013

Hi 2BHelpfull,

 

Thanks for the response.

In terms of adultery I have gmails chat, showing adultery chating and confessing that she is not happy living with me and want to give me divorse, cleary say this marriage was a forceful marriage because of parents and she want to spend her life with her boyfriend.

I dont have adultery photo and for sure it was there in her gmaild id but that Id was deleted by her boyfriend.

She has also aborted when I was out of india for a month, at that time her affair was not open in my front. I have a trust on her but now I am able to connect all these things and understand the reason for abortion. I have seen that report but I dnt have it with me but we have discussed about it and that is recorded in audio using my mobile. will this be helpful ??

 

Regards

Unlucky Husband

2BHelpfull (Other)     17 August 2013

 u can get  AB from criminal  Court in UP.
 someone has misguided u regarding AB.

 

If arrest has been made then u have to go for Regular Bail .n charges for bail application differ from different lawyer.

 

quash= means Cancel.

 

Chargesheet is filed within prescribe time after FIR has been filed.


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