False dowry case
My wife filed a 498A,323,504,506,dp 3-4 against me, father and mother on dt. 20/6/2016 and also filed domestic violance. Case is totally false she is not living with me since 2011 and also doing job in her town. In 2013 I filed a vidaai case under section 281 for muslim vidaai. What should I do kindly suggest me thanks.
Sir, firstly the charges related to dowry harassment, domestic violence etc. are very grievous hence you must apply for bail under Section 437 of The Cr, P.C. before a Sessions Judge. Once this is done you may reject all the claims in your affidavit and counter and carry on the trial. Your wife’s counsel, The Public Prosecutor will cross examine you and provide evidences to prove your guilt, which your counsel must take down. Hearing all the facts and evidences the Hon’ble Judge will deliver a judgment which will go in favour if you’re innocent.
Secondly 281 of Mohammadean law deals with restitution of conjugal rights. In Md. Abdul Kalam Azad Vs. Marjina Khatun the Court held that burden of proof to establish that the defendant spouse has denied cohabitation without any cause resides with the plaintiff. The way forward is that you being the plaintiff must establish that your wife denied you conjugal rights without any valid reasons and/or all reasons cited by her are false. If you establish this restitution can be ordered.
However, both the cases are very complicated and technical, hiring of a sound legal practitioner is recommended which can be located through the following link