Shahid Ali
in Family Law Criminal Law
Asked June 19, 2017

Wife threatening for filing dowry and domestic violence case

  • 1 Answer
  • 1518 Views

Dear sir My wife is giving me threat to frame me in dowry case and domestic violence. Please help me

Answer 1

You should immediately apply for anticipatory bail u/s 438 of CrPc, just in case you she lodges a complaint against you. Though you don’t need an anticipatory bail for domestic violence cases, but for dowry harassment (s. 498a of IPC), you’ll need an anticipatory.

You must collect as many evidence as you can (like video/voice recording or messages). Avoid having oral conversation. If your wife has messaged you anything regarding any false threat or anything, do collect them all. Written evidence is far more valuable than oral evidence.

If you can get your neighbors to testify that your wife that you have never asked for dowry or you do not abuse her, then it would be advantageous in your case.

 

Generally a mutual divorce takes 7 months - 1.5 years and contested divorce takes 3-4years, but I don’t think your wife would mutually agree on it, so I would advice you to meet an advocate and file for a contested divorce.

 

Section 13 B of Hindu marriage act gives the right to file a contested divorce. And section 13 talks about contested divorce. You can apply for mental cruelty as a ground for divorce, and during the pendency of the divorce you can claim for maintenance under section 125 of CrPc along with a petition under section 12 of domestic violence act. You can also claim for interim maintenance under section 24 of Hindu Marriage act.

 

Your divorce petition will be filed in the District family court where:

  • Your marriage ceremony took place as per Hindu rituals, or
  • You and your spouse lived/resided together, or
  • Your spouse resides at the time of filing of the divorce, or

 

Bombay High Court recently stated that leveling false allegations against spouse is cruelty for which he was even fined a hefty amount. The same was upheld by madras HC in D. Nagappan vs T. Virgin Rani on 15 April, 2009

If the matter reaches the court then you can file an applicant ion for expulsion of the petition due to the lack of evidence. Once the charges against you are discharged, you can file a petition for malicious prosecution against the complainant for falsely framing you.

The complainant can also be punished under section 193 of Indian Penal Code for a term, which may extend to three years, and shall also be liable to fine. In addition with the section 193, she can also be framed under section 196 attempts to use any evidence, which he knows to be false or fabricated,

There is no sure short procedure how you can prove your innocence or come out of the proceedings; the whole acquittal is based on the evidence you show to the jury.

 

Agree Comment 0 Agrees over 4 years ago

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