Want to file case against my in-laws and wife as per dowry act
6 months ago
I am from Kolkata and I got marriage without any single penny as I dnt like to take anything from anyone and it last hardly one year..but after marriage I observed that my wife is very greedy and without discharging any responsibility she wants more costly things etc, when not able to fulfill her demand then she got violent and spread her false statements to my close relatives. When we got to know those then we tried make her understand that it is not the right thing and advised not to disclose family matters outside but she wants sympathy, so that she continues her acts and lastly alls are in vain.
Afterthat, she said that she doesn't want to continue this relationship and left our home.
After a fortnight she lodged 498A and 406 against me and stated that due to the mental torture she left our house and want to recover all her stridhan. Actually she took her all ornaments along with her and now again she claimed her ornaments falsely.
After a month she filed DV against my all family members and 125 CRPC against me.
Where she stated that she has been tortured by us mentally and physically both and me and my father claimed dowry from them and also her father arranged all the things as per our demand.
But she also claimed that as we want to harres them, so after claiming all the furniture and ornaments we refused to take the furniture and other things.
Previously I already stated that we dnt want to take anything from my in-laws but she gave her wrong statement here and also said that we driven out her rudely from her matrimonial house.
That means the statement of 498A and DV are different.
In provision of dowry act u/s 3 stated that claimant of dowry and giving dowry both are punishable offence.
In DV my wife agreed that they were ready to fulfill all the demands of us. That means they want give dowry as well, as per our demand.
So , in shortly my query is that can I file case u/s 3 of Dowry act against my in-laws and my wife as they also want to give dowry as per our demand??
Please suggest me how can we get rid from those false cases?
Thank you in advance. (Kolkata, West Bengal)
Vidhikarya
In this situation, it is not possible to file a complaint under Section 3 of the Dowry Prohibition Act. However, the men suffering from false charges filed by their wives and in-laws, have remedies under various statutes. Firstly, you can file a petition under Section 482 of CrPC to quash the FIR and prove to the court that such charges are false and malafide in nature. Further, you can file a case under sections 120B and 503 of IPC for criminal conspiracy and criminal intimidation and seek the remedy. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
Men who are victims of mental harassment by their wives have several legal options to seek redress. Even though there is no specific statute or provision in the Indian legal system that lists down protective measures against any false allegation or complaint, various relevant sections of the Indian Penal Code, Code of Criminal Procedure, Code of Civil Procedure, and the Indian Evidence Act provides several sections under which a husband can file a case against his wife if he believes he is being subjected to mental harassment, conspiracy, false accusations or physical harm and can initiate legal proceedings against frivolous allegations and complaints. Amongst others, inter alia, the first step that should be taken by the victim of a false allegation in India is to seek anticipatory bail from the nearest court having jurisdiction to grant anticipatory bail in case a First Information Report (FIR) is filed against him under Sec. 498A and 406 IPC to get protection from arrest based on a false/fabricated allegation. Before an arrest is made, anticipatory bail can be granted under Section 438 of the Code of Criminal Procedure. To address a false complaint filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. The Sec.482 Cr. PC empowers the High Court to dismiss criminal proceedings against the accused. It is essential to prove to the court that the FIR was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for Quashing of FIR can also be filed before the High Court under Article 226 of the Constitution of India by means of a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court in order to quash an FIR. If you feel that false evidence is being framed or produced against you, you can initiate a complaint under Section 191 IPC stating that you are being falsely framed. Collect as much evidence as you can that supports and establishes your stand before the Court. Section 209 of the Indian Penal Code states that any person who dishonestly, fraudulently, or to injure or annoys any person, makes any claim in the court of justice which he knows to be false, he shall be punished with imprisonment which may extend up to 2 years and shall also be levied fine. Section 120B of the Indian Penal Code can also be invoked in case any person feels that a criminal conspiracy that is being formed may be used against him in the future. Section 193 of the Indian Evidence Act states that whoever intentionally submits any false evidence in any stage of judicial proceedings or fabricates any false evidence which may be used in any stage of judicial proceedings shall be punished with a term extending up to seven years and also be liable to fine. If a husband believes that his wife is using threats to intimidate him or his family, he can file a case under Section 503 of IPC for criminal intimidation. Proving mental harassment in a court of law can be challenging, as it often lacks physical evidence. It requires a thorough presentation of circumstantial evidence, witness testimonies, and documentation of the abusive behavior. The credibility of the evidence and the consistency of the victim’s statements play an important role in the outcome of the case. Reach out to an Advocate experienced in matrimonial cases for guidance and necessary steps. Feel free to contact our legal team if you need our expert service to navigate your legal issues in the right way.
Now, the Supreme Court settle the matter that complaints by husband for dowry harassment etc against the wife is not maintainable. You may try your level best to register such complaint or any other complaint against your wife and her parents.
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