False 498A
3 years ago
My wife has recently complained (Case is not filed yet and my statement is yet to be recorded) in CWC about false dowry and mental harassment and domestic violence allegations against me and my entire family. How can I:
1. Defend this since law always favours women in such scenarios although nothing is true what she is saying.
2. Get my family members name removed from the complaint.
There were online monetary transactions between me and my wife but they were related to house expenses. Will this go against me?
Please advise.
A.Nothing to worry. First get anticipatory bail even before lodging FIR then go for quashing if FIR registered. If my answer is helpful to you then please give my FIVE STAR
Helpful
Helpful
Share
A.Sir you have NOT mentioned is your wife staying with you or NOT. If she is NOT staying file an RCR through a lawyer.
1) Defend the case with all strong points, discussion is required to draft these points as you have NOT mentioned here.
2) Removing of family members name removed from the complaint is NOT a easy job, but we can get it done over a period of 6 months or filing a anticipatory Bail
As you said --There were online monetary transactions between me and my wife but they were related to house expenses.-- They will NOT go against you.. But do discuss it in detail asap. So we can guide for the same.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
1) Defend the case with all strong points, discussion is required to draft these points as you have NOT mentioned here.
2) Removing of family members name removed from the complaint is NOT a easy job, but we can get it done over a period of 6 months or filing a anticipatory Bail
As you said --There were online monetary transactions between me and my wife but they were related to house expenses.-- They will NOT go against you.. But do discuss it in detail asap. So we can guide for the same.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
Helpful
Helpful
Share
Shreesh Chadha
Responded 3 years ago
A.1) The transactions will not go against you, if there is valid proof through communications or any receipt of payment in pursuit of property matters.
2) Any counter incident of her violence or fighting, that has been heard by neighbours or anyone out of immediate family who might testify that this complaint is a reaction to said incident or it is false. Or that you wanted to divorce, and spoke to her about it and in reaction she filed this complaint. It is important to make a stance and proceed consistently so that if there is a proper trial, your story is consistent.
3) Family members can get removed, if there is no call recording/whatsapp message that shows that they were directly in touch.
These complaints are usually a mode of harassment, and possibly a bargaining chip to secure favourable terms and conditions in a mutual divorce situation. (She might try to settle for a really high amount because of the pressure created by this complaint).
You need to get all the above information, as suitable recorded in the statement before CWC. This will help. Will be able to advice better if given more details.
Regards
Adv Shreesh Chadha
2) Any counter incident of her violence or fighting, that has been heard by neighbours or anyone out of immediate family who might testify that this complaint is a reaction to said incident or it is false. Or that you wanted to divorce, and spoke to her about it and in reaction she filed this complaint. It is important to make a stance and proceed consistently so that if there is a proper trial, your story is consistent.
3) Family members can get removed, if there is no call recording/whatsapp message that shows that they were directly in touch.
These complaints are usually a mode of harassment, and possibly a bargaining chip to secure favourable terms and conditions in a mutual divorce situation. (She might try to settle for a really high amount because of the pressure created by this complaint).
You need to get all the above information, as suitable recorded in the statement before CWC. This will help. Will be able to advice better if given more details.
Regards
Adv Shreesh Chadha
Helpful
Helpful
Share
Read Related Answers
Domestic voilence
Dear Client,
You can file a civil case against the husband and in-laws under the provisions of Protection of Women from Domestic Violence Act (PWDV) and seek the remedy. Further, in case of cruelty co...
Family issuw
Dear Client,
If you're considering leaving home and seeking refuge in an orphanage or another safe environment, it's important to prioritize your safety above all else. You have the right to live in...
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Section 12 in The Protection of Women from Domestic Violence Act, 2005
12. Application to Magistrate.—
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved pe...
Please suggest on the steps and process to follow
Dear Client,
an FIR can not be transferred from one state to another and if the jurisdictional police station is not taking action against the same please file a complaint in the magistrate, where th...
husband torture to wife
Dear Madam,
You may immediately file Domestic Violence case and other cases to restrain your husband continuously committing such violence against you.
Read Blogs on Domestic Violence
Domestic Violence Lawyers
Find Lawyers by Location
