Divorce Dowry and other possible false claims by my wife on me and my family
9 months ago
I am a resident of Canada and my wife is currently residing in India.
She will be coming to Canada in next 1 week.
We are under constant threat and pressure everytime our families will have an disagreement, since we are afraid that my wife's side can file false claims like Dowry, Domestic Violence and maybe such other claims on me or my family. Of course, there is no such evidence available coz no such thing ever happened but afraid that such false claims will spoil my family's future and time.
What are some examples of the possible false claims?
My wife is a Canadian PR, and once she moves to Canada, after what time period she/her family cannot file any cases in Indian courts?
What precautions should I/my family take to have if such thing happens?
Note: My wife's family is a business family and might have some political reach that can miniplate the facts in Indian courts.
As per CrPC 468, the limitation on filing of 498A is 3 years from the last alleged incident.
If you apprehend a case against you, please apply for anticipatory bail
A.Case under Section 498a IPC Dowry Case – Defence how to take ….Frequently Asked Questions
Q. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a?
A. There are some indicators which are listed
Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.
Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a?
A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation.
Q. My parents never stayed with us. Can she still file 498a against them?
A. Yes.
Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do?
A. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.
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