False case of Domestic violence & Dowry by my wife

Question

False case of Domestic violence & Dowry by my wife

26-Sep-2023 (In Family Law)

have been married for 9 years and My wife has registered a false case of Domestic violence and dowry against me in Women police station. The Ladies police had called me for talking and now they have forwarded the file to Recounselling team. I am bit terrified what to do. I am staying in Gurgaon with my wife and its nuclear family. Inspite of that wife has included the name of my father who stays in Jharkhand and my sister , brothers who stay and work in Mumbai. My brother and sister have never visited my home in gurgaon for last 9 years, My father had visited 3 years back Please advise me what to do.

Answers (3)

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LawRato LawRato · Accepted Answer · 2018-09-27T09:58:00+05:30

There are two things in such cases, firstly if the mediation between both parties fail, the Police can refer the wife to file formal complaint with the judicial magistrate of the area for complaint under the Protection of Women from the Domestic Violence Act,2005 wherein she can claim protection order against the husband and other respondents named in her complaint, maintenance and residence order to be provided by the husband and finally the custody of children or protection order for children in her custody. The second thing which police can do is to register the FIR under section 498A , 406 IPC against the husband for cruelty and misappropriation of her Istridhan or dowry item by the husband. In such case there should be sufficient evidence like medical evidence of her inflicted physical or mental harm by the husband, eye witnesses to all charges levied against the husband etc. In any case the husband need to be in touch with local senior and experienced Gurgaon lawyer to workout his case of matrimonial dispute and get relief from all these trouble.

Advocate Hemant Chaudhary LawRato · Accepted Answer · 2018-09-27T12:30:34+05:30

Answer #2

Hi, since they are not staying together with you , they cannot be included in the FIR ..If the women police include thier name , the quashing regarding the same can be filed in high court under section 482 Crpc

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Adv. Hemant Chaudhary Adv. Hemant Chaudhary

Gurgaon / Gurugram | 25+ Answers

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Advocate Wg Cdr J.P Sharma (Retd) LawRato · Accepted Answer · 2018-10-21T01:16:46+05:30

Answer #3

Dear friend, You consult a lawyer from Gurgaon. You do not have to worry for anything. These legal issues are not simple and are always complicated. Tell the truth . Nothing will happen. If you need my help, feel free to ask me anytime.

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Adv. Wg Cdr J.P Sharma (Retd) Adv. Wg Cdr J.P Sharma (Retd)

Gurgaon / Gurugram | 50+ Answers

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