Sagar (a) 03 May 2012

How to save myself from dowry case

Hi Experts,

I got married in Nov 2011, my wife is a student of MBA. Because of her study she lived with my parents in Noida. I am doing service in Pune away from my wife because of her study I can't take her with me.

At the time of marriage my wife's family gave as FD of 2 lakhs at my wife's name.

Now when 1st year of her study got over and it is possible for her to take the tranfer from college to Pune when my parents went her home to take her to live with me in Pune she is denying to come and asking for divorce with giving wrong reasons like we asked for dowry.

Now she told us that she will file a dowry case against us.
I want to know that if she files a wrong case of dowry then what we should do for saving ourselves
and what are the proofs she will require to submit.
I do not think that she have anything against us as a proof because we never asked for any dowry and FD given by there family is also on my wife's name.

My wife's elder sister is already taken divorced from her husband with different reasons, now she
is triggering my wife to take the divorce so they both sisters can live happily on my half salary with her mother.

Currently they have send us a letter though advocate putting all wrong charges on us.

We are very tensed because of her behaviour, if she files a case then what should be our stand because we still want her to be back at our home and live happily with me in Pune.

No one has done anything wrong with her when she was at our home not even shouting on her.
Please advise how we should proceed further.

Sagar

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6 Replies

Anjuru Chandra Sekhar (Advocate ) 03 May 2012

File Restitution of Conjugal rights under Hindu Marriage Act.

R K........ (Analyst) 03 May 2012

How does Restituiton of Conjugal Rights help.. ?

Whats the expense for filing RCR and how long it takes ?

Anjuru Chandra Sekhar (Advocate ) 03 May 2012

You should not ask such tricky questions like what are the expenses for filing and how long it takes. Nobody can give a precise answer. Restitution of conjugal rights helps you to get your wife back in your home by a court order. Whether she comes back or not is her decision. She may decide to remain at her parental home despite court ordering in your favor in RCR. However, after a year you can get divorce easily if she does not return.

However strangely this does not have bearing in criminal proceedings. You cannot ask the criminal court to stay proceedings till the family court decides your RCR petition in case your wife files under 498A and DV Act. However I believe still some sense prevails in justice system in the sense that if Family court gives decision in your favor when she files, that automatically means that the cases of 498A etc are false because the subject matter that a family court judge sifts through to arrive at his conclusions is almost similar to that of the subject matter that a criminal court judge sifts through. So keeping faith in the system I am suggesting that you file RCR. If you succeed in it, it is possible the 498A and DV Act cases will be quashed by HC when you plead showing the RCR decision given by family court.

Anjuru Chandra Sekhar (Advocate ) 03 May 2012

Read 4th line in 2nd para as:

justice system in the sense that if Family court gives decision in your favor when she files counter in your RCR petition,

Alkesh Agrawal (Advocate) 07 May 2012

Mr. Sagar, as rightly pointed out by Mr. Chandrashekhar your legal remedy can be filing of a case for restitution of conjugal rights. Now restitution of conjugal rights means that the Court can order the wife to return and stay with you, but still if she refuses and does not come back for a period of 1 year, you can file for divorce. As I understand, she doesn't want to stay with you, she would refuse to the restitution and in the end it can result in your right for Divorce. The Fixed deposit situation can also be handled along with the divorce case.

But given the situation that your wife has not filed any case and you wish to continue with a happy married life, I would advise you against filing of any suit. As, I understand she herself has not initiated any legal proceedings. If you take the first step, she will be induced to go to court. I am not aware of what is the relationship between both of you presently and whether you are on talking terms. In case that channel is not open to you, the best opportunity you have is with the reply you give to the advocates notice. I do not know the contents of the notice and therefore am not in a position to best advice you in that regard. But, going to court at this stage will be something that might ruin your marriage. Whatever reply you give to the advocates notice, will be used as an evidence in court, in case in future any litigation happens. So, that reply should be very carefully worded and drafted.

For any other advice kindly feel free to contact me on alkesh.ils@gmail.com or 09099040835.

Alkesh Agrawal (Advocate) 07 May 2012

Originally posted by :Alkesh Agrawal
"	Mr. Sagar, as rightly pointed out by Mr. Chandrashekhar your legal remedy can be filing of a case for restitution of conjugal rights. Now restitution of conjugal rights means that the Court can order the wife to return and stay with you, but still if she refuses and does not come back for a period of 1 year, you can file for divorce. As I understand, she doesn't want to stay with you, she would refuse to the restitution and in the end it can result in your right for Divorce. The Fixed deposit situation can also be handled along with the divorce case. But given the situation that your wife has not filed any case and you wish to continue with a happy married life, I would advise you against filing of any suit. As, I understand she herself has not initiated any legal proceedings. If you take the first step, she will be induced to go to court. I am not aware of what is the relationship between both of you presently and whether you are on talking terms. In case that channel is not open to you, the best opportunity you have is with the reply you give to the advocates notice. I do not know the contents of the notice and therefore am not in a position to best advice you in that regard. But, going to court at this stage will be something that might ruin your marriage. Whatever reply you give to the advocates notice, will be used as an evidence in court, in case in future any litigation happens. So, that reply should be very carefully worded and drafted. For any other advice kindly feel free to contact me on alkesh.ils@gmail.com or 09099040835.	"

the Followings were left out, please see the changes:

As far as the dowry charges are concerned, a lot of times such allegations are used to scare the parties to force them to give a voluntary divorce and also make them agree to favourable terms in a divorce settlement. I advice that you shouldn't be phased by such empty threats. Your first attempt should be to save your marriage. As you say there is no evidence of dowry against you, I am confident that you can handle a future case against you, if that happens. How to defend that case, what stand to take etc. such questions can be answered if she decides to file a case. But I feel your first step should be to avoid court or any case to the extent you can.

For your information.