Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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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.


 13 Replies

Legal Fighter (Advocate)     20 March 2011

search "save indian family" on google and attend local weekly meeting in your city.

adv. rajeev ( rajoo ) (practicing advocate)     20 March 2011

If she files a case then you will have to face it.

Rojer (Head IT)     20 March 2011

Thanks for reply.

Given the situation, what are my chances of coming through this asap and what steps should i be taking at this point or should i just wait for things to happen?

Shailendra prasad singh (Lawyer)     20 March 2011

don't loose urself face the mediation, before any happence u may file RCR in family court.

1 Like

Rojer (Head IT)     20 March 2011

Shailendra - Can you please give more detail as to how will that help me? Is it for maintenance case if she files or even if later i decide to file divorce (looking at her attitude during mediation)

advocate.poojasingh (practising Lawyer)     20 March 2011

Ahhh.. 498 A & 3/4 D.P.A. are two sections which have been termed as legal terrorism by Hon'ble Supreme Court .

You don't hav much to do, u wud hav to face all the situation if ur wife is adamant to lodge an F.I.R against u . but i wud suggest that u better file a suit for restitution of conjugal rights this suit is considered as best instrument in saving one's self from scrouge of dowry case, for it helps in getting arrest stay(in case of U.P.) / anticipatory bail. Once the F.I.R is filed/lodged u can easily after obtaining arrest stay/ anticipatory bail withdraw the said case as not press and without making further delay file a divorce case:- for filing of 498 A amounts to paramount mental cruelty ( though onus of proving that F.I.R was false lies on the person alleging the same).

  this case will also help you in mediation before police as u can state that the said matter is already sub-judice and u wud like that ur wife if interested in mediation may approach the court

1 Like

Rojer (Head IT)     21 March 2011

Thanks Pooja.

1. Is it possible to somehow avoid FIR itself by giving proofs in women cell that rather my wife's money was being used by her brother

2. On the basis of voice recording of my wife talking adultery with their known.

3. I spoke even to ADCP during last meeting and after listening to me and my wife's arguments even he told me that he is not convinced of dowry allegations against me and my family.

Even if she is successful in filing FIR, can i get it quashed on above grounds and is there a time limit for police to be able to file an FIR after/during mediation?

sivani (engineer)     21 March 2011

@legal fraternity-  Rojer says that he never objected but wanted his wife atleast to keep him informed or knowledgeable.  How is this valid request taken legally?

Rojer (Head IT)     22 March 2011

Can someone help by answering my queries please...

Dowry Law Victim (Student)     22 March 2011

Hey ,

Do not lose heart , i agree with what pooja has to say in her reply , however as you said it's a false allegation , you may not want to live with such a women who have abused matrimonial laws for ego satisfaction and extortion.

My advise for you is to get in touch with Save Indian Family Foundation asap and fight your battle like a courageous man.There will be people who would help you selflessly.It's an NGO that works for victims of false 498a and emphasise on creating awareness of the 498a - draconian section of IPC.

advocate.poojasingh (practising Lawyer)     10 April 2011

i dont know in which state u r. However in U.P. the approach of court is affirmative to these pleas especially they hav sympathy towards a person who has filed restitution case

advocate.poojasingh (practising Lawyer)     10 April 2011

i wud like to emphasize that restitution case is just a step which u shud adopt b4 filing of FIR and withdraw the same once u secure ur bail and file a divorce case

v.k derashri (INCHARGE, LEGAL CELL)     05 September 2011

Dear Rojar,

Do not worry for FIR  In case se files you will get two chance for counselling in case you are interested to continue your relation wi;th your wife accept advice of pooja.  vderashri

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