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Srikant N (owner)     12 June 2012

Wife threat dowry dv case after i filed for divorce

Hello respected lawyers,


I married 2.5 years back, my wife left my home after 15 days stating her father was ill. Later she denied coming to my house giving one reason or another. At the end I tried to involve mediators but no of use. She & her family is adament. I have tried my level best but she & her family denied everything again & again. Last one year she has been switching her mobile numbers frequently, spoke with me on chat "offline". She just tries to make out what I was in my mind. Whether I am taking any legal steps.


Now 2 months back I decided enough is enough. I have filed divorce case based on desertation for last 2 continues years. Now when she has recieved notice, last 15 days she has been threating me by making call from public telephone that she will file cases against me in police station for asking money (dowry) and i beated her & abused her in front of neighbours, public (violance) after drinking alcohol, which are totally false. Matter of fact is I tried to give her love as much as possible, even I dont drink alcohol. My lawyer has told me strictly to remain calm & not to reply. just listen & forget.

Her family background is politically & financially very strong.

Two days back her father & her uncle visited my house & abused me & my parents & threatned to put false cases, also denied to send her daughter (my wife) to me.

I suspect she has affair with someone. That is only reason she is denying me. I have a very well settled big bussiness. But because of my wife behaviour I am loosing right & left in terms of mental, financial & health. Neither she wants to do life nor willing to leave me so I can make my life.


My lawyer just told me to listen & do nothing. But still I have following doubts.


My questions are 

1. As divorce case has been filed, can she file dowry & dv cases on me from her native which is very far distant almost 325 km from my native.

2. Is it possible for my parents & my sisters to save from this great india terror law dowry & dv ? No one has spoke with my wife on phone or directly with her for any reason. My mediators have visited her house & gave enough understanding for her & her parents. There is no involvement of my parents & my sisters.

3. What should I do about her threats?

4. What should I do about her father & uncle's threat. Her uncle is big landlord & politician.




 18 Replies

dhirendra pateria (law officer)     12 June 2012

yes she can file dowry and dv case even if u have filed divorse case

yes -my advise is to wait and watch or file application for anticipatory bail

ignore barking dogs sheldom bite


dont compromise and dont fear big land lord and politician have more to lose rather than u

Adv Archana Deshmukh (Practicing Advocate)     12 June 2012

File a police complaint about the threats.

Anjuru Chandra Sekhar (Advocate )     12 June 2012

498a cannot be filed suddenly waking up after two years one fine day.  Harrassment should be of the nature of continuing offense.  And at least a day or two days before some incident of offense (related to the series of offenses continuing from some period of time) should have occured which forces the girl to lodge a police complaint on impulse.  No one can prevent filing of a case, false or not will be decided later, but in the meanwhile apply for anticipatory bail. 

Srikant N (owner)     13 June 2012

My lawyer told me that those are just threats to fear me & my family. He adviced me to wait for some more time.

They want me to withdraw case. My wife does not want to come back to me. But now it is clear that she will give contradictory to what she is doing like telling I made her to leave forcefully my house & did not allow her to live in my house.

There has no physical or oral relation between me and my wife. If I get record of my telephone for last one year it can show there is no call communication between her & me. Still how can she file dv on me. Also I am earning a good amount of money & paying hugh tax in lacks, why would I need peenies from my wife or her family, still is great india law blind & mad to put a false dowry case on me just because of political weight ?

My wife & her family are strange people.She is not interested in making life with me. I made mistake by selecting such girl thinking from equal valued family, rather I should had married a poor family I would not had wasted 2-3 years of precious days of life.

Best thing is lawyer  in straight words that he is not 100% sure divorce on basis of desertation and time taken by court will give final judgement, also told me once judgement comes if in your favour from one court if they appeal against it will go to upper court & this is an infinite loop till a person dies. After death he gets the justice.

Adv Archana Deshmukh (Practicing Advocate)     13 June 2012

That is because the judgment depends upon whether you are able to PROVE desertion in the court. In court the things are to be proved by cogent evidence. Thats why it becomes so important how well the case is handled in the court. The other party will definately try to prolong the trial as far as possible.

Originally posted by :Srikant N

 also told me once judgement comes if in your favour from one court if they appeal against it will go to upper court & this is an infinite loop till a person dies. After death he gets the justice.

And yes, it is the right of the other party to file an appeal if the verdict goes against them and so do you have the same right. But this is tooo gloomy picture painted by your advocate in a matrimonial case.

Anjuru Chandra Sekhar (Advocate )     13 June 2012

What Adv. Archana is saying is true.  Very rarely people appeal to court higher than family court and even in those appeals very rarely the decisions of family court are set aside.  But you see something there.  If she is prolonging the case, she too will suffer.  At one point of time or other people realize this and let the other person go.  Even in the matters relating to money they do not harrass because they don't have money.  They harrass because they have scores to settle with you.  Nobody wants their cases to go on forever unless there is strong reason like lot of dowry is given unless it is recovered, the girl cannot be married to another man of their choice and of their social status. In all other cases, where no dowry is taken by husband, and where the remarriage of girl is important for the girl's family, they do not think much about maintenance and criminal cases because that will affect her conjugal life during her second marriage.  


Srikant N (owner)     13 June 2012

In my case, her father & her uncle wants to live as it is !!! How a person can live a married life without a wife ? These are foolish expectations from her & her family. Now I tried my best & all my mediators with such efforts have been wasted I left with no choice. I was ready to adjust till my last messenger met them 3 months back. But what we have concluded is she does not want to get divorced, whether it spoils my life or not does not matter to them. As I do not have any choice nor other way. That girl has a good repo behind, no one will remarry her, she has just married for the show-off locket. For her only option is to prolong & fight till anyone of us is alive.

In court false is proved as truth & truth as false.

Adv Archana Deshmukh (Practicing Advocate)     13 June 2012

 Sure, if with such a negative pessimistic outlook towards courts and proceedings if YOU and your LEARNED LAWYER are going to conduct the case then, I won't be surprised if you end up with what you fear and are so sure about i.e not getting justice till either of you die......!!

I can understand your frustration but one should learn to face and tackle tough situations in life / court in a right spirit.

Sunil Sharma (Consultant)     14 June 2012

Mr Srikant,

Once you have gone to the court, the only option left out is to 'fight'.  It all depends on you. If you have decided not to live with your wife or vice versa, nobody can force you to live together. For all practical purpose, the marriage is dead ..... only legally it has to be endorsed. If it is not legally endorsed and the divorce is not granted, then also nobody can force you to live with her. 

Srikant N (owner)     14 June 2012

Yes. Nobody can force me, neither can force her.

My marriage is already dead. Only thing is time is running. I do not want this to be pending any longer, as I look further life. My life is not meant to fight with foolish girl who leaves a perfect husband & perfect family.

I wish I would had never born in a legal terrorised country where my adulthood has got spoiled with no reason & no fault of mine, and my friends family can just look at my misery and cannot help even they want to.

Before marriage I feel a guy should never put trust on girl as well as girls family. They are cheaters. My biggest regret in life is that I trusted a cheater girl & a cheater family. I will be waiting for chance to rectify mistake in my whole life.


Make some live in cum married relationship and keep the case running.

Sunil Sharma (Consultant)     14 June 2012

Mr  Srikant, 

Blaming others (from country to in-laws) will unecessarily cause more  disturbances in your  mind. Just ignore it!!! It is good that you will get a tumultuous divorce ---- it should deter you to go for hasty second  marriage!!! Had it been quick and smooth divorce, it would have felt tempted to go for a hasty 2nd  marriage ..... and it would have been a jump from pan to fire!!!! Enjoy this journey ....... and ignore them!!!

rajiv_lodha (zz)     14 June 2012

Meanwhile keep searching for a reliable end ur misery

1 Like

karunakar koti (Accountant)     15 June 2012

Hello, I married on May 2009 at the age of  mine is 25 and her is 23,  at Arya Samaj according to Hindu Law and Tradition, And Officially Registered According to Law,  without informing our both families. while we  pursuing Masters Degree we loved each other  and at completion of Masters we got married,  and we were lived about 2.9 Years secretly, because of caste barries and not settled well in life. so we didnot disclosed this matter at our homes, recently 4 Months back my misses family fixed a match to marry,  with that fear she and Me disclosed out marriage matter in both families, and since 3 years we living together away from our respective families, now 1 month back my misses family members taken away her to their home and house arrested.  also emotionally blockmailing her that if u go with your husband we will die by taking poision,  the same information she messaged me and still i have those messages with me. and she also completely moulded to their family members, she is not thinking of her future and my future.. she is also ready to give divorce now.

They are blockmailing me now to kill, or give divorce secretely. also telling me that if U disclose this matter at their native and with their relatives,  they are blockmailing me to file DV 498b and some cases on me and on my family members, but since our marriage we were away from our families and both of our family members doesnt know our marriage matter even, 

And they demanded me to file Mutual Divorce petition and they want to close this issue without exposing to their relatives, in situation  forcefully i was signed on Mutual Divorce petition, case is in court now....

So in this situation what can i do to protect myself and my family from their thereats  and  i dont want to lose my Wife, i want my misses to come back to me.

Pls suggest me what should i do in this situation.

Karunakar K

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