Gaurav (-) 02 September 2013

Fake dv & dowry case even when i am on bed rest for 7 monts

Hi every One.

I am a 30 years Old Male victim of mental torture from my wife & her parents. Need your help & guidance with the case.

I Got married on 03.12.2009. It was a arrange marriage & no dowry was involved. We are living in Jharkhand & my in-laws are from Chattisgarh.

On 12.02.2013, I met with a car accident & got 6 major compound fractures on my both leg & was on complete bed for 4 months. I had my second major surgery on 27.07.2013. Till date I can only walk few steps with the help of walker.

We had planned to go to Kashmir in March-13 along with my family & all tickets were booked too. but we had to cancel the trip due to my accident.

After one & half month of the accident, My wife called her parents & left our home. As per them she was not intrested in helping me do my basic thing like cleaning of urinal & stool, as I was in bed. So she left to her parents home. Due to my illness they know that there will be physical abnormality left evey after the recovery. Since then her parents are asking for divorce & huge money as settlement.

My father had filled a informative petition at SDO, Police station & JM office stating that the girl as left our home & she is threstening for dowery & DV cases. Will this help??

Question :- 1. Her parents are threatening to file a fake 498A & DV case if we do not give them money demanded by them.

2. In my such medical condition, can the case be transfer to my jurisdiction. As her parents live in chattisgarh & we are in Jharkhand??

3. Since my medical condition is such, they have yet not taken any legal help or lodge a complain against DV or Dowery. What precautions should I take to save me & my family??

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1 Replies

Saurabh..V (Law Consultant) 02 September 2013

@Author,

Your's is sad story of betrayal. I feel anguished to see such attitude of humans who turn their back when the real need to support their spouse arises.

Anyways, please see my response to your queries below:

Q.1.) Her parents are threatening to file a fake 498A & DV case if we do not give them money demanded by them.

A.1.) No one can stop such abuse of law. Every law in this country can be misused and FIRs filed by any complainant. Ironically, our system does not complete this loop by punishing those who file false cases. Generally, such cases take 3yr - 4yr in court and the judges also know the reality. So I think the only worry you need to have is spending this much time in the court. Nothing else!

Q. 2.) In my such medical condition, can the case be transfer to my jurisdiction. As her parents live in chattisgarh & we are in Jharkhand??

A.2.) Medical condition can be a ground for exemption from your appearance but it cannot be a ground to transfer the case. Case shall proceed in correct area of jurisdiction only.

Q.3.) Since my medical condition is such, they have yet not taken any legal help or lodge a complain against DV or Dowery. What precautions should I take to save me & my family??

A.3.)Your father has taken the right step by informing the your area police officer incharge about your apprehensions. It is again in your favor that they are not filing any case as of now. Arrange to collect all evidence which would support your contention that there was never any cruelty from your side.

My suggestion would be that you collect all the evidence related to your case where you kept good relation with your spouse. All the best!

//peace

/Saurabh..V

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