Legal Question in Family Law in India
I was maried in may 2010 .my family(wife and son who is of 1 yr old) are in delhi. i m dishouned by my family but still living with them. i dont have any prop in my name ant the prop from which i m dishouned is my fathers self accuired prop.my wife din't want to come with me. i went there to bring her two times. her parents are now allowing to take her until my father again gives right in property. she is under control of her parents. she filed a fake case of dowry 3 months earlier. that was satteled in panchayat and there was no issue of dowry told to pamchayat. in written settelment of panchayat nothing about dowry is mantioned. she left the kid more then 2 times saying she did not want husband and child only due to our personal disputes in past . is it helpful for me to get the kid back? how much chance i have to get my kid back?
i can prove that the case of dowry she filed was fake. i have many conversation(as sugested by 498.com that keep records for your safty) showing that the metter was not dowry but of her fathers interfarance in my family.
could she get any punishment if i do so?
had i voilatated any privacy rule by recording our conversations? as i know and read that doing this for a judicial perpose is not voilation of privacy. kindly clearify.
as i dont have any thing to give as compansation amount. is divorce possible without compansation?
what could be the mantinance for kid as i m unemployed till the time i get him back?
can my father sapratly file a case of manhani against my wilfe as the panchayat had seen that there was no issue of dowry?
3 Answers from Attorneys
conversations can be a good evidence. in case you did not take any dowry, you may go for quashing. your father may also file defamation.
Conversations can be of help at the evidence stage.
Yes Divorce is possible if your wife dont demand for anything.
Yes your father can file for defamation.
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DEVANSH BHARDWAJ
ADVOCATE, LUCKNOW
i agree with Adv Gupta adding you can also file a case for false and malicious prosecution.