Legal Question in Family Law in India
My wife has loged a fake complaint against me in Criminal Women Cell of Dowry. Criminal Women Cell officials are registering the case and told me to give the stridhan back to the wife other they will put section 406 including 498 and they further informed that my bail cannot be take place if they put section 406 against me while registering the case. I wan to give stridhan back to wife only through court and not through women cell. I have also asked my wife to come home she is not liviing with me since July 2008 and we have no physicail relations since one and a half year. I want to know, what will happen if i had done nothing wrong with my wife and she loged a false complaint against me. Wil the case they register shall be in my favour? Will the court ask my wife to produce the proof of her allegations?. Will I get true justice. I have already filed a appeal at court about this and court has warned crime women cell to look into the complaint of my wife properly and futher directed if they found that the complaint is fake then don't registered the case. Crime Women Cell officials are pressuring me and saying that to give Rs. 400000/- to my wife as Alimony. My wife is working and getting Rs. 18000/- per month. I want to know is she deserve the Alimony when she is working and earning more than me..? I told them that i will give only Rs. 150000/- because I cannot arrange s. 400000/- for the reasons that we belongs to a middle class family and we don't have that much money. Please let me know what will be happened if they registered the wrong case against me and drag me at court. Will Court look into the matter seriously as most of the cases belongs to section 498 are fake cases and educate womens are using the section as a weapon. Is court aware of this type of mentality of women. I await your reply
2 Answers from Attorneys
No court will go as per FIR registered by the women cell only. But if you want your wife back then file a case under section 9 of HMA then you will bt on strong foot and claim desertion and then she will not be laible for any maintenance.
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With Regards
"I wan to give stridhan back to wife only through court and not through women cell." You have hardly any choice in this matter. The police may raide your house, arrest you and your family members and deliver the "istridhan" articles to your wife.
If you want to avoid your arrest and humiliation in the hands of local police, and if good sense prevails upon you, better forget what you "want" and do what you are required to do in law.
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