FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mahesh (Owner)     28 October 2009

False police complaint and divorce case

Dear All:

My case story goes like this. My married life is in trouble after 9 years of marriage. I was living in the USA for

past 11 years and recently came to India for good in the month of Jan09 with me , my wife and my 6 years old

daughter. Me and my wife, daughter visited her parents in may09 when I stayed there for a week and she stayed for

over 4 weeks. Everything was fine and dandy till this point. All of a sudden she started becoming very

argumentative and authorative. I could not bear her torcher and left my home on jun14 and moved to my parents

place. She called her father and mother and packed and left my apartment. But before leaving my apartment, she

neither tried to inform me or any of my relatives. She also took many valuable things and also lodged a police

complaint at the local police station. I did not know of this until I received summons from the court that

mentioned her doing police complaint against me. I am not sure if it was a 498a case but since I was not at my

address but at my parents, there is no way of knowning it.

  While in USA, I spent a lot of money on her education and I have documentary details. I have also videographic

proof that we lived very happily and went to many picnic spots alongwith my daughter. I also have school fee

records of my daughter that I took good care of her as well. The court petition that I received in summons did not

have any annexures and I am not sure if it was complete.
I had already given a hefty sum to my wife's father as loan in good faith and now he claims that I gave him money

to transfer it to my wife as a reward. Damn it! I have proof of the Demand Draft that was in his name and not in

the name of my wife.

Regarding my wife's petition for dissolution of marriage, she is not demanding any maintenance (I guess she can not

as well as she is well educated and equally qualified to me) but she is demanding custody of my child and also

claiming that I took her stree-dhan which I did not. In fact, she gladly taken all her diamond jewellery that I

bought while in USA alongwith all the receipts of everything.

What can I do to prove that I have not taken her stree-dhan and was also not present when she left so that charges

of cruelty on the said date could not be done by me and are false.
Please help.



Learning

 4 Replies

Tarun Kalra LL.M, M.B.A (advocate)     28 October 2009

DEAR MAHESH,

ITS VERY COMMON IN NOW A DAYS, FIRST OF ALL READ THE SUMMONS AND THEN GO FOR A ANTICIPATORY BAIL BY HIRING A LOCAL ADVOCATE FOR ALL THE PERSON IMPLICATED IN THE FALSE F.I .R AND SUMMONS, I THINK THE SUMMONS YOU RECIEVED ARE OF MAINTAINECE, BECAUSE IF SHE LODGE 498A THEN ITS A POLICE CASE AND NOT A SUMMON CASE, OR MAY BE THE SUMMONS RECIEVED BY YOUR PARENTS  WILL BE UNDER 160CRPCSENT  BY THE POLICE, SO IF IT IS 125 CRPC SUMMONS, THE HIRE A ADVOCATE AND PRESENT YOURSELF THROUGH ADVOCATE BEFORE THE COURT, BUT IF IT IS A POLICE CASE UNDER 498 A THEN GET THE COPY OF FIR , WITH THE HELP OF YOUR LAWYER, AND FILE A ANTICIPATORY BAIL FOR ALL THE PERSONS INVOLVED WITH YOU IN THIS CASE I.E YOUR PARENTS, SISTERS, ETC. NO NEED TO WORRY, YOU HAVE SUFFICIENT PROOFS FOR FIGHTING THE CASE, AND YOU MAY ALSO FILE SECTION 9 HMA PETITION IF YOU WANT TO TAKE HER BACK, IF YOU WANT MORE CUNSULTATION, ITS SUBJECT TO LEGAL FEES, AND YOU CAN CONTACT ON MY MOBILE ON 09996311003.

Mahesh (Owner)     28 October 2009

Thank you very much for your legal help and advice. I will cotact you asap. By the way, since the divorce case is filed at nagpur, I would like to see if you or any eligible lawyer from nagpur could help me out with my case.

pankaj (Engineer)     18 December 2009

In this case, husband helped her wife in every possible way but her wife abused his love and care.

Is this the women empowerment!

Does women empowerment means "women is empowered to file false cases on her husband and her family"!

I have seen that almost 99% times, men have a tendency to forgive their wifes, just because they feel it very distressing to prosecute their beloved one. On the other hand the women does not give a second thought to falsly implicate her own man who cared for her, trusted her his life!

And still women NGOs claim that women is a weaker s*x! How correct is this claim?

I strongly feel that such law abusing women shall be strictly punished by law so that people stop abusing laws at their own free will. Everyone shall behave in a civilized manner to enjoy the fruits of democracy.

Freedom without discipline results is barbarism - Pankaj

pankaj (Engineer)     18 December 2009

Correction!

Freedom without discipline results in barbarism - Pankaj


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query