misuse of dowry act
Respected Sir/Mam, Iam a man tortured by wife and need your help as advise. I got married on 13/10/2013 and it was a arranged marriage. Before marriage i was working in delhi then chandigarh. She was working here. I used to come home every second weekend. We had differences since begining. We mutually decided to have baby after 3 years of marriage. She used to discuss our private bedroom talks to people. I had my few photoes clicked(many of them are nude in diff postures but iam alone in those pics) before marriage and had no motive behind it. She got it those pics and started blackmailing me. Although i never felt ashamed of those pics. But she showed it to her family and my family to police and lot more. She mentally tortured me so much that i left my house twice to commit suicide. But she knew that she will be blamed so she filed missing complaint for me. Our family tried to do patch up but things gone worst. She put allegation that i have extramarital affair. Now with those nude pics they are claiming to prove iam homosexual which iam not. We tried to get seperated by mutual where her father asked for 8 lkh. But now she with her bua and brother contacted a NGO for women and filed a complaint against me. NGO lady came to my house and she said 8 lakh is less either give 15 lakh or buy a small house for her. Else give half of our house to her name. She convinced my wife that if she files case she will make her get 15 lakh from court which anyway out of our limits. Kindly suggest me what should i do in this case where they got some of my pics and trying to put allegations. Soon she will put case to women cell we will be called for counselling. In counselling or court can they send me jail due to photoes. Or if she puts false case like dowery or DV how to deal with it. I have hired a lawyer in dehtadun and told him all but things will go step by step. Please suggest me in this. Iam very much tensed and tormented by my wifes behaviour.
With respect to the various allegations your wife is directing at you, it must be pointed out that the Court will decide the matter depending upon the facts and circumstances. There have been cases when the wife files a false case against husband but the court relied on evidences to find the truth and punish the guilty and protect the innocent. In the case of Preeti Gupta v. State of Jharkhand (2010) 7 SCC 667,the Supreme Court observed that the allegations made by the wife under the Dowry Prohibition Act were untrue and the husband was let free. Therefore, even if your wife file innumerable cases against you, she cannot do much without evidences supporting her claim. For the Court, only your nude pictures will not be enough to prove that the you were having an extramarital affair. Instead you can employ the fact that she has been circulating your nude pictures as a form of mental harassment and ask for divorce on the grounds of cruelty. Make sure you have sufficient evidences and witness to show that she has been circulating your pictures everywhere. With respect to the amount of money to be paid as alimony, the Courts over a period of time have taken a very balanced approach on this issue and they will not impose an amount which is way beyond your capacity. Keep your financial records in order so that you can present to the Court that you cannot pay Rs. 8 lakh and the Court will decided accordingly. Further, being a homosexual is not an offense yet in our country. Under Section 377 of the Indian Penal Code unnatural sexual intercourse is illegal. Being a homosexual is not a crime in our country but sexual intercourse between homosexuals is illegal. The photo does not prove that you are having sexual relationship with a man therefore this photograph has no use to prove the offense under Section 377. Consequentially, you should not worry about the photograph and employ it to claim mental cruelty as a ground for divorce.
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