Legal Question in Criminal Law in India

sir,

my wife has complained at CAW cell against me in dowry,and torture case..i have a hearing later this month..

she was very much abbusive and used bad language against me and my family members.no 1 stay with us as we did love marriage and stay separate.now she is staying at her parents house and asking a big settlement money.

can i register a case against her for her cruelty and abusing behavior.i dont have money to pay her demand.

please help..


Asked on 10/09/10, 6:02 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

you have your own right. abusing as such is not an offence. but abusing amount to cruelty which is a ground for divorce. if it was a love marriage where was the scope of any demand. If you could prove a pre marital affair then it will be certain that marrige was out of love and there possibly could not be any demand. you have to contest it before CAW cell and may explain your inability to pay the unreasonable or any amount whatsoever. The investigating officer will see through and do understand it.

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Answered on 10/09/10, 6:07 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, you can file a petition for divorce on the grounds of cruelty, both physical and mental. you may also apply for anticipatory bail in the dowry case to save yourself from unnecessary harassment by police officials.

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Answered on 10/09/10, 8:42 am


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