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Rojer (Head IT)     20 March 2011

False complaint by Wife - Please help

My wife has filed a false complaint against me and my family (parents/sisters/brother-in laws) for asking for dowry and physical and mental torture on her. Please help me with your valuable suggestions on how to proceed.. Below are the sequence of events.. (Sorry for such a long post but this will give a better idea of my situation)

I have been married for 2.5 years and have a 1 year old son. My wife was working with an MNC earning 22000/- pm prior to resigning in Sep 2010 to take care of our kid. My parents stay in a diff city than me and my wife due to our jobs. My parents used to visit only occassionaly. I have been living away from my parents for almost 7 years now and my wife joined me here immediately after our marriage and was working.

Initial 6  months or so of married life were quite good before i started facing too much interfarence from my In-laws in my married life. My brother in law used to take money from my wife every couple of months as his business was running in losses. My wife kept this hiding from me untill i came to know about it somehow. She continued helping her brother without my knowledge even though i never objected to it but wanted her to atleast keep me informed. At the same time my brother in law felt insulted when i tried helping him with money and told my wife that i was trying to insult their family by offering help. This further dented my relationship with my wife.

Due to all these things i was more careful in observing my wife's actions and came to know about her relation with a person that their family used to call him a Sant(Guru). I recorded a conversation on cell phone of my wife an that person talking about their acts(this happened almost 1.5 yrs back). After long argument with my wife she felt sorry and assured me that this will not be repeated so i didnt tell this to anyone and hope for a better future. My in-laws attitude didnt change though and they kept interfarring in even small matters.

My wife went to visit her parents in Sep 2010 after resigning from her job. We had a littlle arguent over phone and after that she refused to come back. Me and my parents went to their place but they insulted us and we had to return. (I never told my parents of what happened till that day).

My wife and in-laws didnt respond to any of our requests to discuss the matter among relatives and filed a complaint to SSP at her hometown about us torturing her mentally and physically for dowry. (this happened after about 5 months of my wife leaving me).

Now the matter is in women cell and we have had 3 meetings where my wife is just sticking to false allegations of dowry and crueality. Inspector at women cell agreed verbally that he understands that matter is not about dowry and its a false complaint. But my wife is adamant not to change her statement even though i wanted her to accept her mistakes and repect me and my parents and come back.

From the events and attitude of my in-laws it looks like they dont want this relationship anymore and trying to harrass me and my family. I have next meeting in women cell after 10 days and dont know what to do to safegaurd my family against this act. ( istill have not told in women cell about my wife's bad acts)

I alos think my wife may file a case for maintenance as they are greedy people. Just to mention i had found my brother in law using even credit card of my wife when she left my house and he was not paying the bill.

Please advice me what should i do and where all this seems to be heading? Thanks for any help/suggestions you may provide.


 2 Replies

Bhupender Singh-09466371020 (Lawyer)     22 March 2011

Rojar,  First of all you no need to worry in this case the you should have to do that



1. keep safe the all of recorded conversation of your wife.

2. File a case in the court of your jurisdiction  Restitution of conjugal rights as per ur coustomary laws in family court.

3. keep a record of all ur conversations and documentation for the further refrences.

give a application in women cell also that u a ready to take back ur wife in home.


For further queries feel free contact at 09466371020

Bhupender Singh-09466371020 (Lawyer)     22 March 2011

Restitution of Conjugal Rights and Judicial Separation 22. Restitution of conjugal rights.- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other the aggrieved party may apply by petition to the District Court for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

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