Divorced Muslim Wife Misuses DV / CrPC125 / IPC498a for legal Counterattack

A middle class Muslim man with old parents wrote to this writer in a state of great fear. He was afraid of not only being arrested due to baseless allegations made by his angry ex-wife, but also of the possible trauma to his parents and married sister. Family is important to all of us, Hindus, Christians, and Muslims alike. Muslim men have a simple divorce procedure under their personal law. This procedure is probably often misused by foolish men. Wise men who value their marriages use it only as a last resort. (If Hindu men had such an option then they would also use it. If women in India were to be provided such an option then 90 percent of divorce litigation would get eliminated.) But the sad thing is that women these days do not differentiate between foolish men and wise men. They just file a dowry case to get money or for revenge of some sort. This has in effect nullified the law brought in by the Rajiv Gandhi government after the Shah Bano case, and has opened up Muslim men to extortion attempts of a type similar to the ones faced by their Hindu brethren.

Here this hardworking and simple Muslim boy is facing extortion from a malcontent ex-wife. That the law has been misused is quite likely in this boy's case because there has been an attempt to drag his married sister into the criminal case. Thankfully the police is not taking such allegations seriously, as is the practice these days.

Dear Sir,
I came to know about you when I was searching some material over net for getting knowledge about 498-A, DV Act and 125 crpc. These all magical figures are being imposed on me by my estranged wife.

I am 30 years old male and I was working with TCS and have now lost my job thanks to my ex-wife . I got married to a women aged 28 yrs from same city Delhi, on 19th June 2013, and since December 2013 she started creating ruckus in my parental home. So to avoid all this I along with her shifted to a rented home against the wishes of my parents in month of April 2014, but here still she continued playing mischief and abusing me and my parents and stealing money etc. So after getting completely fed up with her I gave her Talaq as i am a Muslim. I gave her talaq according to Muslim laws and kazi's talaqnama is with me. In retaliation to this she filed a case against me, my parents and my sister (who lives with her husband in Dhansa Haryana border around 30 kms from my parental home) in CAW cell Kirti Nagar. I am attending the so called counselling session with them since August 2014 in which no counselling is been done whatsoever. Only mouth full of abuses takes places and the enquiry officer does not even bother to control her. She has even slapped me in front of them, even then they have not taken any action despite my having written N number of letters to ACP CAW cell Kirti Nagar. Even then nothing happens and they just bully me. Only good thing is that they have not asked my parents and my sister to come and join the processes. Rather they themselves have refused to permit them to come and join.

My case is in the final leg. She has submitted common list to which I have replied and my E.O. has said that she will now transfer the case to her (my ex-wife's) locality police station. Sir my attitude in CAW cell was completely cordial and cooperative with authorities due to which I have earned their respect. Nobody ever misbehaved with me there except my estranged wife who grossly misbehaved with me and her hordes of relatives there also did same to me.

One more thing I am an IAS aspirant My interview is about to be held in next month which i think will be affected by all this. Sir please suggest to me how I should tread forward as now they will transfer my case to her local thana (according to their statement). I am really afraid of arrest, police, jail etc.

Marrying such a women was biggest mistake of my life, which i am regretting to the core. She has almost spoiled my career but somehow even under such conditions i have made it to UPSC interview stage. Please guide me so that i can come out from this mess without affecting my career, your help is highly needed.

She has slapped 498-A/409 IPC, PWDV Act, 125 CrPc, and IPC 34 on me. The height of apathy is that even E.O. encourage her to press charges against me instead of counselling her.

One most important thing is I want to keep especially my parents and sister out of this. How it can be achieved? Do I have to go to the police station? I have heard from some people that they tend to arrest you as you walk in.

Yours Sincerely
Khalid Lakhnavi

You can apply for anticipatory bail if the IO at her local police station advises you to do so. Why will they arrest you without reason? It is a headache for them also. You may also read the Arunesh Kumar bail judgement of 2014. There is a lot of garbage on the internet, do not believe everything you read about the police. IPC 409 cannot normally be applied in a matrimonial dispute. I also recommend that you go to a practicing psychiatrist to seek some relief from this baseless fear.

Manish Udar

Published by Manish Udar

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Last updated on 11th December 2014
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