Legal Question in Family Law in India


I married 5 year back In India under Hindu marriage law . it was love and inter caste marriage(she is from upper caste and I am backward caste )and wife father was not agree so we run away and got married. I have 3 year son also. now their family convince my wife and they sent private advocate legal notice with False allegation. False allegations are

1. she has been physically and mentally harassed

2. she is not getting any money support for her and son

3. she has been asked for dowry from our side

4. she has been thrown out from our house after physical harassment.

And after that following things I did.

1. I consulted lawyer and reply back with denying all the allegation through lawyer.

2. I sent email to concern ( both myself and wife )police station , DSP, SP, DM, High Court, Supreme court, Human rights commission,women commission. with all the information and attached both the notice from wife as well as our replied notice also.

Few more things about myself:

(Now she is in different state(with her parents from last 3 years with my son also and my family in different state and I am in abroad.)

I have bank statement where I have sent many times amount to her account.

and have thousands of chat history where we talk lovely and nicely like love bird.

even after getting notice also I send several time email but now she is not replying.

1. Is there any base of harassment where husband is not staying permanently with wife for almost three year only meeting her in vacation period.

2. Is there any base of harassment by husband family where wife is not staying permanently with in laws and only visiting in laws house with husband,that too from last one year she went only one time for 7 days with me only.

3.Is there any base of harassment by husband family where my mother died almost more than two year ago before my child birth and my sister got married before my marrige and settled out of country .

4. Is there any base of dowry where me and my wife go against each other family and got married and its intercast one. and never asked any money from them even few times I only transferred amount to inlaws account.and several time help with cash but cash proof I don't have.

5.Is there any base of throwing her out of our home allegation, where recently 3 month before she sentnotice, me and my father have all lovely photographs with inlaws family seems like family made in heaven.

and in last if she knowingly giving me and my father problem what she can get in return as punishment through IPC.

kindly help

I will be obliged.

Asked on 7/14/13, 5:25 am

2 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

She may not be guilty of any offence under IPC, even if allegations of dowry demand, cruelty and mental / physical harassment, levelled by her against you and your family are not proved in a court.

You should try to focus on your defence instead of thinking about her punishment.

The basis of allegations levelled by her will depend upon the evidence produced by her in court and cannot be determined at this stage.

You may still consider the option of saving your marriage and become "love birds", the way you two were before.

Good luck. !!!

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Answered on 7/14/13, 5:34 am

KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi

a thorough legal research needs to be conducted in this case.

thanks and regards

Adv. Rajiv

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Answered on 7/14/13, 10:08 pm

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