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Harsh arora (Tutor)     12 August 2014

Regarding false 498a and dv act complaints by my wife

Dear LCI members,

I seek you valuable suggestions and advice regarding false allegations of dowry demand by my wife against me. I got married in Dec. 2012 in Delhi and have a 10 month old son. My wife has been always been under influence of her parents in most of our matters. My wife is from haryana & she is a M. Com. and on suggestion of her younger sister she took admission for Ph.D. in haryana in spite of living in delhi with me & against my suggestion. Probably this was to stay close to her family. After around one year of our marriage, following an argument, she blamed that I have slapped her and called her mother & siblings next day, who threatened me before leaving. They took her along and my wife stayed at her parents’s place for a month before we brought her back to delhi. Again 3 months later, she told me she is going to her parents place with her gold ornaments and our son. During these three months she had been constantly telling me & my parents that she wants to live separately from my parents with me. She did not communicate with me even two weeks after reaching her parents place. After one week of her leaving, I shifted mine & her belongings to a rented house near her parents place and invited her to come and live with me. Initially she agreed but next day she told me that she will only live in my parents house. Since her behaviour hasn't been good with my parents, I was reluctant to shift back with my parents. Almost five months have passed by but she didn't agree to come & live with me in our rented home. Few days back she reached my parents place in delhi with her parents & her relatives & beat up my father, who is a senior citizen.  I complained about it to police, but no action has been taken till now. While I am still staying in the rented accommodation in Haryana, she has filed a complaint with false charges in women cell regarding dowry demand and DV act against me & my parents in Haryana. A constable from women cell informed me on phone about it and asked me & my parents to appear in women cell this Tuesday. Her only demand is to go back and stay in my parents place and I fear that once she settles in my parents place, she is only going to file another round of fresh charges against me and my parents. Please suggest me how to handle the situation to avoid inconvenience to my aged parents. Please also tell about how and when to apply for stay on arrest and what documents might be required for that in Haryana. Thanks a lot.

 



Learning

 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 August 2014

1. Your parents should seek permanent injunction against your wife and her parents from entering in their house.

 

2. You have to understand that it is the time, you have to decide whether you have to stay with this woman or not.

 

The 498a and DV have to be fought on merits. You can not be pressurized in acceding to her illegal demands.

 

 

Regards,

 
Shonee Kapoor

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

Harsh arora (Tutor)     14 August 2014

Thanks Shonee ji. I have some more queries, will be grateful if you please help me with them:

1. Procedure to get such a Injuction order passed ?

2. If mediations in women cell fail, at what stage, shall i apply to get a Stay on arrest from court ?

3. Will it be fine legally for me to shift my rented residence (from Haryana to Delhi) for security reasons while mediations are going on in women cell in Haryana.

Thanks.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 August 2014

Injunction can be .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chetan Joshi (Advisory/Advocacy)     17 August 2014

I agree with Mr. Kapoor's Advise.

T. Kalaiselvan, Advocate (Advocate)     17 August 2014

As your wife, she has got rights to reside in the house where you stay but she cannot claim to stay in your mother's house as a right.  If she has not turned to your house, but insists on your parents house, as suggested, your parents may initiate an injunction suit against her restraining her or parents from entering into their house unnecessarily to torture and torment those people. If the police keep calling you to attend the inquiry session, you may obtain AB as a safety measure and attend the same. For the present you can shift your residence from Haryana to Delhi considering the risk and safety to your life.

AS   18 August 2014

1.Agree to Shonee Sir and T. Kalaiselvan, Advocate. You need to get Injuction order passed ?

2. Decide you want to stay with her or not . i will say quit and dont stay with her, But it should be your decision because it is your life.

3. If mediations in women cell fail, at what stage, shall i apply to get a Stay on arrest from court ?-----  start attending CAW cell procedings, If you wife give in written that she dont want to re-consile then CAW cell procedings will be short one or two visits only , One visit they will record your statement and second visit you can get statment recorded of your parents . They CAW cell will prepare report and fill be moved to Police station and Some formality from DCP side will be done . You can Call me or PM me I am sending you number in prersonal message.
 
4. Will it be fine legally for me to shift my rented residence (from Haryana to Delhi) for security reasons while mediations are going on in women cell in Haryana.........YES you can do the same...

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