Wife Filed False Assault Case, MLC Came Negative — How to Seek Annulment and Counter False Allegations?
My wife called the police claiming I had assaulted her. The police and ambulance arrived and her MLC came back negative within a few hours. I have reason to believe my wife and her family planned this for months with the intention of extorting money and property from me.
After marriage I discovered medicines for serious medical conditions in her belongings which she had never disclosed before marriage. Her family had also represented before marriage that she was employed, which turned out to be false. She now claims her family gave ₹20 lakhs as dowry which is completely false as we had a simple Arya Samaj marriage with no such exchange. I have also come to know that she did exactly the same things in her previous marriage. I want to know what legal steps I can take including filing for annulment, contesting the false allegations, and whether I can file a tax evasion petition against her family.
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Team Legistro
Official
3 weeks ago
You have several legal remedies available and you should act on multiple fronts simultaneously without delay.
On annulment of marriage, since your wife and her family concealed material facts before marriage — specifically her medical history and her employment status — you can file a petition for annulment under Section 12 of the Hindu Marriage Act on the ground of fraud and misrepresentation. Concealment of serious pre-existing medical conditions that were known before marriage and would have affected your decision to marry constitutes a valid ground for annulment. Preserve the medicines and any medical records you found as evidence. Additionally obtain details of her previous marriage and the allegations she made there, as a similar pattern of conduct in a prior marriage is highly relevant evidence of a deliberate modus operandi.
On the false assault case, the fact that her MLC came back negative within hours is significant documentary evidence in your favour and directly contradicts her claim of physical assault. File a detailed representation to the senior police officer handling the investigation bringing this to their notice. If a charge sheet is filed despite the negative MLC you can approach the High Court for quashing of the case. You can also file a counter complaint against your wife and her family for criminal intimidation, extortion, and filing a false complaint.
On the false dowry claim, a simple Arya Samaj marriage with no ceremony or exchange of gifts significantly weakens any dowry claim. Ask them to produce documentary proof of the alleged ₹20 lakh payment — bank statements, withdrawal records, or any written acknowledgement. In the absence of such proof the claim has very little evidentiary value before a court.
On the tax evasion petition, if you have evidence or reasonable basis to believe that her family has undisclosed income or assets disproportionate to their known sources of income you can file a Tax Evasion Petition with the Income Tax department. However this should be pursued only if you have some concrete basis for the allegation and not merely as a pressure tactic, as it is unlikely to provide direct relief in your matrimonial proceedings.
In parallel, file a divorce petition on grounds of mental cruelty. Filing false police complaints, making fabricated assault allegations, and deliberate misrepresentation before marriage have all been recognised by courts as acts of mental cruelty sufficient to grant divorce. Engage an experienced matrimonial lawyer immediately and do not respond to any further pressure or settlement demands without legal advice.
⚖️ This is general legal information, not legal advice for your specific situation. For personalised advice, consult an advocate directly.
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