- This topic has 57 replies, 23 voices, and was last updated 1 year, 4 months ago by
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UMy wife went to her parent’s home and started asking for divorce and alimony. I didn’t want divorce so me and my family requested her to come back multiple times but all efforts in vain.
I even came all the way to India from US just to convince her to come back. Few days after me coming to India, 498A FIR was registered against me along with criminal intimidation. The FIR said that I came to her home and threatened her that if she did not come back to me I will leak her private photos on social media. I was in a state of shock after reading all this. To make things worse they printed all this in local newspaper.
Allegations related to 498A are generic and lack specificity so they meet criteria of FIR quashing as no prima facie case is established.
But I’m stuck with criminal intimidation section related to me blackmailing her to leak her private photos. I have evidence to prove that it’s wrong but unfortunately evidence is not considered during FIR quashing. Am i left with no option but to fight long drawn sessions court trial? I feel so miserable.
I mean is it so easy to give someone lifetime of pain?
Please help! -
SWait what ? Did she mention that you will leak nudes in the FIR ?
You can’t quash FIR then even if there is no evidence since allegation are appropriate for further investigation
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SDo not go for quashing then, You can do quashing for other family members against whom allegations are vague. For yourself, file a discharge petition when chargesheet is filed in lower court, which is 4 years from FIR typically. Please manage the police so that they say no specific concrete evidence against family is found in High court for FIR quashing.
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UI wanted to check how do others deal with this? Do I have no option but to face trial? My intention for quashing was to get interim relief which i did get.
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Ucommunicate with her and her family, secretly record everything on your phone’s voice recorder, you’ll then have proof, instead of panicking try to be clever, talk specifically about the false allegations and make them confess that they registered a false FIR, you then won’t have to worry about anything at all.
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Uget a good lawyer and sign power of attorney so he could be an authorised representative and act on your behalf and appear before court
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Uyou can’t escape from facing trials, but you won’t have to be physically present in the trials, your authorised representative will be facing trials for you
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UWell that’s basically what you wanted wasn’t it? Easy life, lots of money US bride happy Instagram posts. This is the price you pay for it buddy. Dream big, hold your chin high and face all these cases.
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UAll marriages are not high networth marriages. Your and my broke assess will probably get reasonable women who understand they have to work for a good future along with their partner. These high networth dudes get pig butchered. They spent most of their lives earning money for a luxurious lifestyle. Things like this are a part of it. Back in the day kings would be killed. Atleast now it’s just alimony. Enjoy your life atleast I guess.
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EBro, do not worry. There are many similar cases happened with others.
Good thing is public has identified all the rots in the judiciary system and the existing indian laws. Now citizens are well aware of them and understand the corruption practices on these rots. While India is yet to usurp the rot on papers, in practice lately, people don’t look down upon the victims. Rather the public consider the criminal-minded people who harass by misusing these rots are socially-discriminated more and more in the coming days.
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UGood thing the police hasnt arrested you yet. You better leave India before the authorities stop you from doing so. If you leave she’ll have less power over you.
Otherwise you’ll be needed to appear in court hearings physically and what not.
Once the case is closed use that newspaper publication they did to file defamation cases against her and her family. That will give you better negotiating power in out of court settlement.
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UOh alright then. There’s nothing much you can do about the cases she put.
Other than that you can prepare for the eventual discussion of interim maintenance when it comes up in court. Both the parties need to file an affidavit as per Rajnish V. Neha judgement stating their incomes, assets, liabilities, etc.
Gather this info about your wife and if you see that she’s giving hinding stuff in the affidavit you can file a perjury case against her on that basis.
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UYou can’t. Essentially you are going to lose a lot of your wealth. That’s basically what will happen here. Make your peace with it. Either the lawyers or your wife or both are going to make bank now. It’s the fate of people who cannot hold down a marriage and are rich also.
Welcome to the great transfer of wealth and power. Enjoy your stay. You’re going to be looted for a very very long time to come.
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SBuddy, get rid of this ASAP. If dragged you would regret your marriage for life. It would ruin your career, mental health, parents health and finances.
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UWhat was the root cause of this ? Were there conflicts between her and your parents or you which you didn’t try to resolve them. You can try talking to her and keep your ego aside. Just thinking she would not be idiot as you married her. N if your parents are indulging you need to tell them to step aside
From legal perspective you can go n file FIR of mental harassment of your senior citizen parents
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UThen suffer. Sorry for being blunt. I am also going through the same. My wife cunningly put a maintenance case and civil suit to annex my assets but she conveniently didn’t put a divorce case because she still wants to take what I earn.
Your best course of action is to consult a good lawyer ASAP instead of rambling here. Go see a lawyer now.
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UI understand. He is not listening to same advices. I already said sorry for being blunt. I too am going through the same ordeal so I do know how it hurts. But unless you pull yourself up, it won’t change a thing.
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P1. First of all, be prepared to fight without breaking down. I hope you have already got bail. If not, apply for it and get one.
2. You can go for quashing. You can also see if they are ready to compromise and settle the differences amicably. Ask her to withdraw the case on Criminal Intimidation. This may save a lot of stress and pain of going through all this. You may have to forego of getting back together, as criminal cases are filed against. You cannot establish the marital ties again.
3. When it comes to alimony, only if your wife and her parents have spent for the marriage solely, pay back up to 50% OR given you any kind of gifts or cash, return it. Otherwise if it is a short duration of being married, be firm on either paying a small amount as alimony or nothing. Suggesting this so that you can come out of the situation faster.
Suggestions are directed towards ending the legal battle swiftly.
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**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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UA lot of cases coming after 6 months of marriage acted for divorce and alimony looks like some kind gang of group is running around and doing this I remember police caught a group who were taking money from men by false marriage acting as a family be careful and make a good background check before going for any kind of marrige
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