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suresh (DS)     17 August 2013

Help to file a divorce and save from 498a

Hi All,

My wife has filed a false case against me, my parents and my sister. In lower court, my sister got relax by judge but this decision is not acceptable by wife and her parent. So they filed a revision in ADJ court. Up to this point, we didn't receive any information because we were not aware with this filed case. Once we recievd one court letter for my sister to be appear then we hired a lawyer in respective place but we didn't have sufficient time to prepare ourself so lawyer has removed that acknowledge report from court so my sister couldn't apprear. But since last one year, my wife and her family are asking for money to pay some amount to get divorce else they will spoil everything. And we didn't get any other court letter to be appear in court as they didn't ask to proceeding.

So, my question is,

If they filed a fake dowry case and they are not asking to send the notice to us to be appear in the court for my sister. What steps, my parents can take as it seems that he is doing all just because of money as he's spreading the same in our relative that I will take this much amount and make them spoiled.

Our lawyer is saying to wait. If we don't do anything and they won't do anything but his daughter wants divorce then we can not proceed to some resolution.

As she has taken away all her stuff and rest was taken care by her father so we don't have any thing of her. He has taken away all the ornament, cash and cloth even though she is mentall ill aswell but I don't have any proof as I went to doctor clinic in USA.

How can I proceed to initiate a divorce process in this situation, should I go for this or not. Or what actionI can take divorce because it's a fake case and I can't pay this much amount. 

Last and importtant thing, is that I am not india so whatever is required that will be done by my bro and others.

Please suggest me how can I proceed to file a divorce case to keep myself safe from this fake dowry case.


 5 Replies

V Kumar (Asipiring L)     17 August 2013

I think you should approach a proper lawyers on this one - your matter is very serious, and without getting into the merits of who is right/wrong, it is frankly best that you take it up offline with some criminal and/or divorce lawyers. 


Nadeem Qureshi (Advocate/     17 August 2013

Dear Querist

you can file a divorce case through your authorized repersentative after executing a Special power of attorny u/s 13 (1) (ia0 if both of you are hindu.

if there is any threat to file false case and demand money from opposite party then you can/ your brother can file a criminal complaint u/s 383/384 of IPC for extortion.


Feel Free To call

suresh (DS)     17 August 2013

Hi Nadeem/Kumar,

They are asking this money to give me divorce and remove the fake case then still this will be extortion money case. I would like to take simple divorce I know this will not be so simple for me in this situation but I would like to take some +ve action towards get separation from this marriage.

I won't do anything then other party is also not going to anything in terms of divorce because they do have only one target only.

Please give some good contact of excellent lawyer so that my bro can go there and discuss in detail.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 August 2013



In such scenerio, you need someone who is well versed with such kind of litigation in the area where the case is filed.


Otherwise such cases have a tendency to hang on for years.


Also, I don't see any problem if the settlement is reasonable. Why not settle and move on in life.



Shonee Kapoor


If you don't fight for what you want, don't cry for what you LOST.
1 Like

suresh (DS)     21 August 2013

Dear Shonee Sir,

The amount what they are asking for is not reasinable to me as I have already spent 15 lac in marriage and now I am empty hand and they are asking me again for 15 lacs.

And I do have 40 Lac loan as well. Now you suggest me how should I pay to them for such fake case where I didn't do anything wrong. So I want to take an action in court they can get affect little bit with their deed. Because i don't have enough money to survive my family. As I do have one younger sister as well to get married and brother. There are plenty of things around me. 

They are always forcing my relative and parents to give money and they do have proper reasoning to asking that money however they don't spend so much and her daughter carried almost 4 lacs asset with her as cash and ornament what we gave them and they gave to me to me.

I know this will go a long way but I don't have money to give them so i want a way by which I can fight with this situation.

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