Legal Question in Family Law in India
Dear Sir/Madam,
my wife filed 498A on me and my entire family. The story she fabricated in 498A complaint as follows:
As per complaint, my wife parents gave to my wife 40,00,000/- worth agriculture land, 800 grams gold and 3,00,000/- cash.Me and my younger sister use to harass my wife saying we lost an alliance of worth 1,00,00,000/- rupees. And I (husband) use to harass her to sell her property (given to her by her parents at the time of marriage). My parents use to call on phone and advised me. When she got 4 weeks pregnancy I made her to abort pregnancy forcibly.
Police filed charge sheet and the charge sheet details are below:
At the time of marrigae my wife parents gave me 40,00,000/- woth agriculture land, 800 grams gold and 3,00,000/- cash (contradicting statement to the complaint version). After 6 months to marrige my wife joined me at Bangalore and lived for 22 days. On the day of joining marital life, her brother purchased house hold items for 60,000/- rupees. Me and my sister scolded her saying house hold items are less and beaten her for additional dowry (amount or dowry details are not disclosed). Then after 4 weeks my wife got pregnancy, then I forcibly given tablets to my wife to abort her pregnancy and locked in house on 20th May-2008 and pregnancy aborted. She called her relatives after 2 days and her relatives came to Bangalore. When her relatives asked about the incident, I thrown them out of house. They left to Hyderabad and made complaint.
Police areested me under sections 498A and DP-3&4.
In the charge sheet no details on the complaint allegations like, my parents phone call details and the harassment happened after receiving the phone call from my parents. No hospital records whcih show that she was carrying pregnancy till 23rd May-2008 (my wife tested for pregnancy on 22nd and 23rd she left me). No details when and how I have harassed my wife to sell her property given to her by her parents etc.
In CrPC-125 my wife made allegations as below:
Since day one I use to harass her saying due to bad luck I married her and lost 1,00,00,000/- alliances. I harassed her by not providing food and money. I use to leave the house for 3 to 4 days and some times even 1 week with out information. I use to suspect her character. I harassed her, by not providing food and not giving money, to sell her property and bring money to me. Two times I manhandked her and she received injuries for which she got treatment in hospital (no bills produced and this kind of allegation is not in 498A). No allegation about additional dowry and forcible pregnancy termination.
Facts of my marital life with my wife:
I got married on 11.11.2007. Initial 6 months my wife was working in Hyderabad later she joined on on April-2008. On the marital life joining day nothing happened. Her bother gave her some gifts. I already ha alll the house hold itmes which are old and purchased in Mumbai when I was working as Nuclear Scientist for Govt of India, I have bill, relocation transport bills with itmes details. After my wife joined same day me and my wife went for shopping and purchased her around 10 sariees (credit card trasactions and bill with itmes details available). Next to that day we both attended my childhood day friends marriage. After two days we invited one NRI for lunch on sunday. After two days we both attened neighbours marriage party at Bangalore. After to this both attened birthday party of my house owner. Two weekeneds we invited friends for afternoon lunch. The day before last day my wife left me, she did shopping with neighbours. When she was leaving me I asked to stay back. She said after 15 days she will be back. Only me and my wife were lived no other my family memebrs lived with us. Exactly after 15 days she filed 498A case.
My questions is:
Can I file purjury or any other case on my wife based on the above contadicting statements and the proofs I have. The proof I have are as follows:
Allegation: My parents did not live with me at Bangalore
Proofs: One her statement in complaint which say that my parents advised on phone. In fact my parents does not have STD facility and my village does not have STD facility.
Allegation: On the first day of marital life joining me and my sister harassed her.
Proofs: On the same day me and my wife were shopping (bill with timing available). My sister was not present with us when the household itmes (few) whih were purchased after my wife joined with me at Bangalore.
Allegation: Preganncy is aborted on 20th May-2008 forcibly.
Proofs: She was carrying preganncy till May 22nd -2008 evening. She left Bangaore on 23rd May-2008.
Allegation: No phone facility available to speak with her relatives.
Proofs: She was provoded new telephone facility and use to speak with her relatives, friends etc, and I have proofs that she only made calls to her relatives while I was in office. From office also I called her on that number.
2 Answers from Attorneys
none of the grounds mentioned by you would amount to perjury. these are mere contradictions and it cannot amount to " leading false evidence on oath."
Try to avoid litigation and reach an amicable out of court settlement.
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