false dowry and heressment case.

It is presumed that you had contracted your marriage under Muslim Personal Laws, why do you institute case for divorce where you have social remedy of triple talaq ?

She can slap/ file any number case(s) against you viz; for her maintenance under Section 125 Cr PC, under Section 12 of the Protection of Women from Domestic Violance Act, U/S 406, 498 (and other provisions) IPC .No one can stop.

No damages can be claimed or complaint be filed for criminal prosecution / punishment against her, even if the allegation(s) are proved false in entire litigation.

 

Anyone can file false cases. But police have the obligation to investigate snd even if it reaches the court, the charges could be met on merits. You can seek danmages if the complaint proves to malicious.

Members are not competent to foretell the final outcome of a case, as it may depend on many facts and personal law.  Remember that complainant can only allege, and it is through a process of investigation or examination facts emerge, and further course may depend basing on such examination.  If your wife files a complaint, the authorities make an investigation and file a case depending on available evidence and the responsibility of providing the allegation passes to that Investigating officer.  Because the complaint gets dismissed for want of evidence, one can not always conclude that it is false, the maximum that can be concluded is that was not proved/

Originally posted by : salman sajid
	i want to divorce my wife.. but my wife warn me that she will file a false case against me.. if it will get proved that her blame is false.. than what will be her punishment? and should i easily get divorse? as she falsely blame me..please tell...

 

1. Even IF you Divorce or do not Divorce, Wife may file any true /false case on you, irrespective of any criteria and THEN consequently you will have to make all efforts to defend yourself, at your own cost & consequences. In other words you literally do not have any options /solutions.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

as my wife always misbehaved with me,and dont know how to cook food, and even dont want to learn cooking, she is the only daughter in law in my family, so i want to marry another time, as my parents are getting old,i always asked her to learn, but she always deny, thats way i want to give her divorse, i belong to a lower middle class family.

she dont want to leave me, and saying she will any false alligation on me if i go for divorse.. tell me what to do?

Not knowing cooking is not a reason for divorcing a wife, but harassing a wife for not knowing cooking amounts to an offense.  If that is the only reason 80% of women gets divorce within six months of their marriage.

Originally posted by : Dr J C Vashista
	It is presumed that you had contracted your marriage under Muslim Personal Laws, why do you institute case for divorce where you have social remedy of triple talaq ?	Sir'ji, I'm under impression that "Triple Talaq" is banned in India and now is made a prosecutable offence. Keep Smiling .... Hemant Agarwal VISIT: www.chshelpforum.co

so please tell from where i can get the help? if i want to divorse by saying talaq.. through muslim personal law? if my wife don't accept the talaq through MPL?

Thank you Mr. Hemant Agarwal ji for correcting me, you are right as the triple talaq has gone down the history lanes in India

The author has not replied my queries, wherein I had presumed. 

Besides this, there is no legal issue involved in his post, did you find any dispute ?

Still, Talaq is permissible.  What has been held impermissible is the Triple Talaq. However, the question is -whether the querist has any justification for seeking divorce. His subsequent posting reveal that his real grievance is that the wife does  not know cooking!