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MM   05 November 2016

Please suggest precautions against false dv or 498a cases

I got married in May, 2016 and since then the girl lived with us only 1 month (first time 15 days n then 20 days) & rest of the time she lives with her family. She  is the patient of mental disorder from 4-5 years which they didn't disclosed to me or my family. The very next day of marriage her parents told me about her mental condition. She denied physical relations asking for more time which I gave. But after 4-5 days of marriage she started blaming with some serious allegations which was absoultely baseless. Her mother came & took her. There was no contact from them for 3 months then we took first step and cleared everything to her parents that their daughter is lying and they agreed that they lied to us and their daugher also lied about all those baseless allegations.
After few days they called us and asked to take her back. Now again she said I beat her one night (which is totally basless) and her parents came n take her again.

Now they are threating us. We afraid that they may file false DV or 498a case. Please suggest what all we can do as the precaution of such false cases.



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 29 Replies

Sachin (N.A)     05 November 2016

The best way to reduce all future problems is that you start living with your wife in rented accomodation, try to take her away from your family in seprate place but do remember the rent should not be high because if she files any case that will be used to show your living stauts This will save you and your family from many serious problems.

Try to reside seprate as long as you can. Long duration of seprate residence will make you more safer 

MM   05 November 2016

Thanks Sachin. But now her parents took her with them and she is living there for past 1 month. In front of her parents she said that she doesn't want to live anymore. She blamed me for hitting her which is totally baseless. When my parents asked her parents why they lied to us about her mental disorder they just said "galti ho gyi". They know that their daughter can't live married life. But since then me and my parents are very tense.

Sachin (N.A)     05 November 2016

Why don;t you take a house on rent near her parental house. 

Sachin (N.A)     05 November 2016

You cant file divorce case now because it needs completion of one year of marriage so thats why if you live near her parental house for that period it will save your parents after that you can file the divorce case.

MM   05 November 2016

They live in different city.

Sachin (N.A)     05 November 2016

if she is having some mental disorder prior to the marriage you may file case of annullment of marriage but first gather all medical documents and discuss with a lawyer that her disorder can be the ground for annullment of marriage or not because all health issues do not consider for annullment purpose.

 

Problems you will face after that she will file counter case of DV act and 498a and 406 in her city. DV act will not trouble you much but for 498a and 406 your family will have to go on each hearing in her city.

This is the biggest disadvantage for marrying a girl living outside the city.

MM   05 November 2016

Thanks Sachin.

If they file wrong case then police will arrest all named person without any initial investigation or they do it before making any move in UP? 

 

Sachin (N.A)     08 November 2016

As per SC Judgement " no arrest without permission of magistrate"

 

Read Complete judgement

https://www.lawyersclubindia.com/share_files/SC-Judgement-No-automatic-arrest-9439.asp

Pawan S (06292021602) (Advocate)     08 November 2016

One can't stop them to file lawsuits. For now, inform the police by written application that wife is not with him since last 1 month. This recommendation is not in this case alone. This recommendation one should follow in this type of situation where wife live separate from the husband. Because if wife faces any misfortune, then the husband keep themselves from direct blame & legal torture.

 

The Mental condition/disorder can’t be a ground to annulment of marriage. I suggest you not to take this as a ground, as, if the girl files maintenance cases, then the court may decide the maintenance amount based on the medical condition of the plaintiff, which may increase the alimony/maintenance amount.

Secondly, you likewise need to prove that you were unaware of the wife’s mental condition at the time of marriage, which is difficult to prove.

 

Is there is any Stridhan that reside at your place?

If yes, start returning any Stridhan (if exists) through proper procedures. This will shield you from 406 IPC suit.

 

Have you taken any dowry at the time of marriage?

If yes, then I wish to know in details about it, prior to provide any further suggestions.

MM   09 November 2016

Thanks Ekta!!

We have not taken any dowry at the time of marriage or after marriage. We have some of her Stridhan which we offered them to return in full but they are asking only few of them just to attend marriage at their home. We dont know whether we shuld return partial what they are asking and what is the procedure to do that. We are ready to return all of them.

Can we take any legal steps against them before they file any false complaints.

Please advice.

Pawan S (06292021602) (Advocate)     09 November 2016

Has the FIR been registered or not? Normally before registering of FIR there are conciliation and mediation proceedings in the respective women cell and there upon submitting of list of dowry articles,you will be required to accept and deny the items of the list and the items which are admitted you will be required to make the delivery according to it. It is advised that you should the return of dowry articles once the proceedings are initiated in women cell.

MM   10 November 2016

No step has been taken by them yet. But the way they are talking they may do this. Any precaution steps we can take?

Sachin (N.A)     10 November 2016

Wait, firstly they will move to CAW Cell. If you handled them properly then all will be ok and caw cell is expert in mutual talks

SHARAD CHANDRA DANEJ (Asstt. Manager)     16 November 2016

Quashing a crime registered under section 498-A read with section 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act, 1961, Justice C.V. Sirpurkar of the High Court of Madhya Pradesh, Jabalpur bench has held in a recent judgment that if there are no specific and credible allegations against the relatives of the husband with necessary particulars, they should not be made to suffer the ignominy of a criminal trial. Referring to a catena of decisions on the point, the Madhya Pradesh High Court observed that the Supreme Court has expressed its concern with regard to false implication of husband and his relatives in the cases under section 498-A of the Indian Penal Code by disgruntled wives and that the tendency of falsely implicating even those relatives of husband, who lived separately and in different cities is also growing.

Read more at: https://www.livelaw.in/498a-relatives-of-the-husband-should-not-be-made-to-suffer-the-ignominy-of-a-criminal-trial-in-the-absence-of-specific-and-credible-allegations-mp-hc/


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