Protection against false dowry case (Hindu)
22-Jan-2023 (In Divorce Law)
Hello,
I got married on April 18. I belong to a normal family where as my wife's relative are well posted in both private and public sectors. Past few months back ethical issue occurred between me any my wife due to which both the family got involved and situation went from bad to worse.
It went so bad that my wife's uncle who is a DIG, threaten me and my family that they will file a dowry case on us where as we haven't taken any dowry from them. Her uncle as well as her family continuously started blaming us for everything and taking that advantage my wife started abusing me physically and mentally by asking her father to call police and send me and my family to jail.
My question here is,
- how to deal if a false dowry case is filed against us
- are there any precaution steps that can be taken beforehand from our side to safe my family
- as her uncle is a DIG, what worse can happen
Please help me with some answers.
Sir,
Under law both receiving and giving dowry are criminal activities. It can be contested without admitting before court, that if any dowry at all was given too, which actually has not been given, the other party can be said to be equally liable. Plus you can easily disprove such allegations before a court of law if represented by a lawyer in the right manner.
Hope that helps.
Thanks and Regards
Under law both receiving and giving dowry are criminal activities. It can be contested without admitting before court, that if any dowry at all was given too, which actually has not been given, the other party can be said to be equally liable. Plus you can easily disprove such allegations before a court of law if represented by a lawyer in the right manner.
Hope that helps.
Thanks and Regards
How do you deal with false allegations?
Discuss your situation with close family and friends. Speak to your family members and close friends. ...
Call our helpline at 0333 3355827. ...
Legal advice from a specialist is essential. ...
Consult your doctor as soon as you can. ...
Your union can help. ...
Do not talk about the false accusation with the media. ...
Keep talking. ...
Use FACT.
What are the effects of false allegations?
It can lead to a victims self-confidence being destroyed. In public, some people will become hypervigilant, paranoid, and anxious. They believe that others are judging them.
How do I protect myself from false allegations?
Be aware of the severity of the allegations. ...
Understanding the cost of defense is important. ...
Intervene before charges. ...
Take no action. ...
Collect any documents and physical evidence. ...
Get the contact information of witnesses. ...
Investigation. ...
Plea bargain
What cases can husband file against wife?
Domestic violence is a form of cruelty.
Divorce on grounds of desertion.
If she takes any of her husbands property without his consent, it is theft.
Section 24 of the HMA provides for a claim to maintenance.
Restitution of conjugal Rights under Section 9.
Dear Client,
Sir if ur wife filed false dowry case against u and ur family on the instance of her uncle sir don't worry. Sir police office has to submit charg sheet and charge sheet consist of investigation that police has done.And ur wife has to proof all allegations that she mentioned in her complaint. Dear client for more clarification u can contact me and I m happy to help u.
Sir if ur wife filed false dowry case against u and ur family on the instance of her uncle sir don't worry. Sir police office has to submit charg sheet and charge sheet consist of investigation that police has done.And ur wife has to proof all allegations that she mentioned in her complaint. Dear client for more clarification u can contact me and I m happy to help u.
Hi Sir,
You need not worry on this regard, instead you may move a petition of divorce under the ground of cruelty on the facts averted by you. As per latest supreme court judgement, the police are directed to restrain from immediate arrest.
For more information and legal advice, feel free to have a word with us. All the best!
You need not worry on this regard, instead you may move a petition of divorce under the ground of cruelty on the facts averted by you. As per latest supreme court judgement, the police are directed to restrain from immediate arrest.
For more information and legal advice, feel free to have a word with us. All the best!
Hi,
In the present instance, it's unfortunate that there is a heavy misuse of the provisions for protection of women. However, if you are apprehnding that your wife will file a false complaint. It is in your interest to know, that the offences under Section 498A- of the Indian Penal Code are non-bailable offences.
In the last two years, the Supreme Court has come down heavily on registration of false cases under 498-A of the Indian Penal Code and the Committes are required to heavily investigate the complaint to check whether there is any truth prior to arresting. However, the police are lacking in carrying out investigation before arresting the accused. Since your uncle is the DIG, as a precaution, you should immediately consider filing an application seeking anticipatory bail for the entire family. The entire aspect of being arrested, unnecessarily and infront of neighbours is very distressful.
Once you have secured anticipatory bail, the Magistrate will be compelled to check whether there is any truth to the allegations. You should also file a complaint before the SHO of the local police station stating that you are apprehending that a false case under Section 498-A will be filed against you.
Please record all phone calls or conversations with your wife where she can be heard admitting that she will file a false case against you if possible.
I would need further details to guide you properly.
In the present instance, it's unfortunate that there is a heavy misuse of the provisions for protection of women. However, if you are apprehnding that your wife will file a false complaint. It is in your interest to know, that the offences under Section 498A- of the Indian Penal Code are non-bailable offences.
In the last two years, the Supreme Court has come down heavily on registration of false cases under 498-A of the Indian Penal Code and the Committes are required to heavily investigate the complaint to check whether there is any truth prior to arresting. However, the police are lacking in carrying out investigation before arresting the accused. Since your uncle is the DIG, as a precaution, you should immediately consider filing an application seeking anticipatory bail for the entire family. The entire aspect of being arrested, unnecessarily and infront of neighbours is very distressful.
Once you have secured anticipatory bail, the Magistrate will be compelled to check whether there is any truth to the allegations. You should also file a complaint before the SHO of the local police station stating that you are apprehending that a false case under Section 498-A will be filed against you.
Please record all phone calls or conversations with your wife where she can be heard admitting that she will file a false case against you if possible.
I would need further details to guide you properly.
In this regard, first try to understand you being husband will surely be implicated in the matter but in order to save your parents from such dowry harassment accusations, move along with your wife in a separate accommodation, that will surely help get your house and other family members saved from getting harassed in courts. Thereafter, you need to take defence in courts. There are lot of safeguards one needs to take in these cases. For further clarification on the issue, please contact.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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