Fake police complaint by wife

Question

► I have been working in Bangalore from 3 years and last year on 16th Oct 2024, I got married (arrange marriage). Before marriage, we mutually agreed that since Bangalore is an expensive state to live so we both will work and support each other. We didn’t take any dowry. There was only ring exchange and wedding as per Punjabi rituals. After 25 days my wife gave false reason saying my sister is going to abroad so I will have to go to see off her..and I told her she can go, booked her tickets and everything was done. During this month only she used to already fight with me on giving her some gold necklace which was promised to her, but due to financial condition I couldn’t make it. When she reached home we got to know she lied about her sister travelling. She came back again to Bangalore after 1 month after lot of fights. We stayed for another 2 months togather and during this two she was not ready to work, was only looking for shopping, having outside food, not ready to do household chores. And again she created a very big scene when my mother came from Punjab to Bangalore for some function..she didn’t even meet her and tried throwing her from the stairs and just left the house. Now it’s been 3 months she is staying in Punjab and not ready to come back and have certain conditions to return which are not ok with me. Last week she filed a fake domestic violence case in Punjab..upon receiving a call from police when I asked for ID and fIR complain they refused to submit so. What should I do to get rid of this toxic weeding..it’s been six months and she has just stayed for 3months…I have all the message proof where she is asking for divorce and always asks me money…can you pls suggest what options a guys is left with other than committing a suicide.

Answer 1

Police is not bound to provide you FIR. If complaint is fake then it is cruelty and can be ground for divorce but you are required to prove the complaint false by due process and only when will acquit you finding complaint false only then this ground would be available to file divorce case. For filing divorce case one year from date of marriage is required to be lapsed or expired. Before expiration of one year neither party can file divorce case so demand of your wife for divorce cannot be fulfilled. You can search FIR on police website of punjab police. However, subject to exceptions, complaint under DV is not maintainable in punjab. On receiving the notice you should attend proceeding and should act under the guidance of a competent lawyer.

Answer 2

“You’ve done nothing wrong. She’s trying to trap you through false complaints and manipulation. I’ll file for your divorce, protect you with anticipatory bail, and expose her misuse of the law with evidence. You deserve peace, and I’ll fight this strongly, legally, and fast. Let me take care of everything — this marriage shouldn’t cost you your life.”

File an Anticipatory Bail (if FIR is filed)

– Since she has already approached police under Domestic Violence or may misuse 498A IPC, file for anticipatory bail in your jurisdiction (Bangalore) or Punjab.

1. File a Petition for Contested Divorce

– Under Section 13 of the Hindu Marriage Act, the client can file for divorce on grounds of:

Cruelty (mental & physical)

Desertion

Irretrievable breakdown of marriage

(“You’re legally entitled to walk out of this toxic marriage — and I’ll help you draft and file the divorce petition with strong evidence and protect your dignity.”)

. Challenge the Jurisdiction of the DV Case

– You can argue that:

The matrimonial home is in Bangalore, not Punjab.

The case filed in Punjab is outside jurisdiction — and seek quashing or transfer.

Send a Legal Notice for Restitution of Conjugal Rights or Divorce

– This step legally places you in a stronger position for:

Showing intent to resolve,

Or protecting your legal standing in court,

Based on her refusal to cohabit.

Gather and Use Evidence

– Keep all:

WhatsApp chats,

Proof of her lies,

Her demand for money,

And instances of threats, abandonment, and falsehood.

This is powerful evidence in both divorce and false case defence.

Kindly contact me For more detailed information.

Regards

Adv.Sanjana Basak

Answer 3

Dear sir, A DV case under Protection of Women from Domestic Violence Act, 2005 is civil in nature, unless an FIR is registered. If police from Punjab are calling you without sharing a copy of complaint or FIR, ask them to send a written notice or email under Section 41A CrPC (if FIR is registered). Do not visit Punjab alone or without legal representation — there is risk of arbitrary arrest or pressure.

Fake police complaint by wife

3 Answers