My Wife Stayed Only For 3-Days; Filed False 498A On Me, My Family Because She Wanted Divorce

Marriage can be a gamble, whether you make it happen with a known acquaintance, or through matrimonial portals or even with your partner whom you have dated for long.

However, matrimonial laws in India are so Gender Biased, that men virtually have no escape, if the marriage turns out to be fraudulent or women and their families cheat them misusing women centric laws. Here’s one such story from a southern state in India, where the woman lived with the man barely for 3-days, returned to her parental home and filed several false cases to settle the divorce.

His Story

I am Rajiv Reddy (name changed) from XXX City. My family and I were looking out for an alliance and one Mr Charan (name changed) approached us in early 2019 through a matrimonial website. He informed our family that they were looking for a suitable match for their daughter and urged us that the marriage must happen within a short time.

The families met, all seemed fine and they fixed the marriage date within a month of our meeting. After a few days into the marriage, we had to rush my mother to the hospital for a medical emergency. When we got her back home, my newly wedded wife immediately left for her parent’s residence – reasons best known to her for leaving me and family behind in such critical situation.

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Within 21 days of our marriage, my wife who was now with her parents, refused to return and her family forced me to sign on divorce papers. The reason given by the woman and her family was that daughter was unwilling to continue with the matrimonial life. They compelled me to sign on a bunch of papers which I denied.

Assault On Me

When I was reluctant to give into divorce, my in-laws brutally attacked and manhandled me, which caused me severe injuries. When I tried to escape from their clutches, they forcefully pulled my vehicle and also damaged my mobile. This bike belonged to my friend, which they have not returned till date.

With great difficulty, I escaped and reached a nearby police station to lodge an official complaint. The case was registered against my in-laws and later with the assistance of my cousin and some friends, I was moved to a government hospital to procure an MLC (Medicolegal Cases) certificate.

My Interaction With Police

We intimated the Circle Inspector on the same night about the incident. The next day, when I went back to enquire about the status of the case, the sub-inspector informed me that the matter was under investigation.

After 2 Months Of Marriage

My wife had left our home within 3-days and after 2 months of marriage, a police vehicle landed up at our place during evening hours. At 6.30pm, they forcefully took my father along with them on pretext of enquiry. After three days the SI called me and said they had registered an FIR against me and my family members and also threatened that they would arrest me.

We immediately rushed and approached court for Anticipatory Bail. After a few days, the circle inspector asked me to visit the police station again and handed over 41a CrPC notice, asking me to reply within 3 days of the same.

Counselling Session

On the same day of 41a CrPC notice, the sub inspector also asked me to attend a counseling session which was fixed after a fortnight. As per instructions from the police, my family and me reached for the session and we were made to wait for a few hours at the Police station.

Neither my wife nor her parents came to the police station on that day. However, to our shock the officials along with couple of my wife’s relatives threatened me and my father, manhandled and ill-treated us to sign the divorce papers mutually.

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When I rejected, I was taken into remand unnecessarily, where they forcefully took away my mobile so that I could not communicate with anyone.

I was produced in front of a magistrate at 6pm on that day and subsequently transferred to Jail at 8pm. Later, I learnt how the guidelines of 41a CrPC were surpassed and I was detained with a motive of harassment.

My Initial Complaint Closed

I was told that the first complaint of assault made by me against my in-laws had been closed by the police. Infact the reason given to me for closing the complaint was that I had insisted on the same.

I now approached court with a private complaint and the police was instructed to lodge an FIR in the matter. However, once again matter was closed in a few months, citing ‘lack of evidence’.

We requested the police to get us our vehicle back from my in-laws, as the bike belonged to one of my friends. However, we were forced to sign on a domestic violence complaint registered at court, in return of the vehicle. In front of us, they called my wife and her family, and they had the audacity to tell police that they won’t return the bike unless I signed on the papers.

False 498A

On the basis of a false and fabricated complaint registered by my wife, an FIR under Section 498 was filed against me and my family. This was a marriage where the woman has not even co-habited in our home beyond 3-days. Contents of the FIR as alleged by my ex-wife:

We gave Rs 20 Lakh dowry at the time of marriage, and within 2-3 days I was harassed to bring more dowry. I was also harassed that my father should transfer 50% property else I shall be thrown out of the matrimonial home.

We were constantly threatened of an arrest eventhough we have obtained Anticipatory Bail from Honourable court.

Message From Husband

We have raised grievance on State Government Website requesting for justice. Please note that my father and mother are heart patients and my sister is suffering from depression for the past couple of years. My entire family now is under depression due to my ex-wife and her parents.

As a middle-class family, we have many issues and responsibilities, however, these false cases are only adding to mental harassment for me and my loved ones.

We feel that police who are public servants should be doing public service and performing the duty correctly, and not collude with the accused, thereby, encouraging the culprits and supporting them in the harassment.

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This is one of the reasons where Men are unable to bear this gross injustice, and often resort to taking their lives.

I sincerely hope and pray that the law will be fair in punishing the culprits for misusing power and not following the same. I refer to the 498A Supreme Court Landmark Judgement on Arnesh Kumar Vs State of Bihar (2014) 8 SCC 273:

Failure on the part of the IO to comply with the mandate of the said provisions of the CrPC and the above procedure shall render him liable to appropriate departmental action/disciplinary proceedings under the applicable rules and regulations as well as contempt of Court in terms of the directions of the Honourable Supreme Court in the case of Arnesh Kumar Vs State of Bihar (2014) 8 SCC 273

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http://voiceformenindia.com/in-the-law/arnesh-kumar-vs-state-of-bihar-anr/

http://voiceformenindia.com/his-story/false-498a-cases-4/

http://voiceformenindia.com/in-the-law/court-acquits-in-laws-in-false-498a-case/

http://voiceformenindia.com/in-the-news/suicide/false-498a-5/

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