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Author Topic: What to do if we are being charged in wrong case of Dowry and Domestic Voilence  (Read 784 times)

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Offline Diva

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Concern Person,

I am asking this question on behalf of one of my male friend/Colleague. He got married last year in November 2015 so its been only 6 months of his marriage . In the 2 or 3 month his wife forced him to left his parents house and live separately when he denied her she left his house and went back to her parents house and charged a case in women cell that her mother-in-law scolded her all the time and she wants to stay with her husband on a rented house, After that my friend was searching a rented house for his wife and himself. In the mean time they both were met outside like restaurants, Parks etc. One day my friend was checking his Facebook Account and checked his messages.He found an option there filtered messages in which he got some text which he never checked before. so he opened them . One person has sent him some messages before his marriage in which he said that his wife does not want to marry with him and forced by her parents and she also attempted suicide two times.Next Day he met with his wife and asked her about it he also asked her clearly if she wants to stay with him or leave him. Her wife excepts that a person wanted to marry with her and her parents denied him and then she went back to her parents house. My Friend called up her and said i am coming to your house and want to talk with your Parents. But her father has tried to fought with him so he came back at his house. Monday morning he was sitting with us and his mother called up him and said that his father and mother were going to his in-laws house for talking face to face but again her parents never talked with them properly and they came back to home. Again after some time my friend got a Call from Police Station and he reached there where his wife already charged a False case of Dowry and Domestic Violence on him and his family members. Now he don't want to stay with her any more as he never shouted on her even and she charged these kinds of false cases on him. And he is earning only 15 thousand per month whereas his wife is doing Job in Delhi University on a contract Base. He don't understand what he should do now ,Please suggest him something in his favour as he really don't have much money and property and he have his unmarried sister also.

Offline advjaibansal

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Dear diva,

As the marriage was solemnised in November 2015, your friend has to wait for a year from the date of marriage to file for divorce on the grounds of cruelty. If there is exceptional circumstances, then he can file for divorce now along with an application under section 14 of Hindu Marriage Act 1955.

Please suggest him to file an informatory complaint informing the police that his wife has left the company with all her belongings including jewellery.

If she is earning more than him, then she may not be entitled for maintenance in future from the husband. But before doing anything, let the husband express his mind to wife that now he is not willing to work out the marriage and ready to fight the litigation proposed by the wife in form of dowry harassment etc.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Diva

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 Sir, thank you for your reply, Please help us to give one more advice . As i have told you earlier about one of my friend case now her wife filed a court case against him for divorce and demand for 12 lakhs rupees whereas my friend really don't have any money or any property on his name AND his lawyer suggest him to not give divorce to his wife if he don't want to give 12 lacs to her however now my friend don't want to give any amount to her and also he don't want to live with her anymore as she has been already charged lots of false complaints against him and his family so he has some fear that if he will not give divorce to her and again start live with her she can do worst things with his family and with him. He is in depression and doesn't know what he has to do. He is really very helpless .........so please sir suggest some steps to him due to the case will go on in his favor.

Thanks,
Divya

Offline adv.amarnath

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It is a very simple situation. Let your male friend contest the suit hard and dismissed the case. Automatically his wife will come to compromise for MCD. No need to pay lump sum. Nowhere it is written to pay lump sum. It is absolutely on mutual terms and conditions.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Diva

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Sir,

Thanks for your reply but what is compromise for MCD and i don't understand your reply.Please reply once more.

Offline advjaibansal

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Compromise for Mutual Consent Divorce.

regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Mutual Consent Divorce.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Diva

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