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Tarun Bajaj (Service)     05 July 2015

An a wife file cases against her husband from two states

Dear All,

Need your support, guidance and facts on my below query.

1) Can a wife file cases from two different states of India (showing her Parental home in two states); against the husband ?

2) I got married on 27.04.2004, after more than 2 years of his love affairs at Arya Samaj Temple, New Delhi, without any kind of demand of dowry and exchange of any costly articles, as her parents did not agree for the marriage proposal.

3) We both are post graduate.

4) I have two minor daughters and both are residing with me. 

5) In the month of Nov 2011 ; I caught and my wife disclosed that she was having an extramarital affair since 2006; she gave her confession in written to me and wanted to start a new life and for sake of my children I forget the said incident.

6) I called her parents and my parents and disclosed everything.

7) In march 2012 she left my home and went to her parents as per there plan; and filed a false complaint against me in CAW Cell, New Delhi.

8) In may 2012 she called me and said she did a mistake again and wants to came back home. In june 2012 we both went to CAW Cell and she took her complaint back.

9) In Nov. 2013 she demanded for a mutual divorce and an agreement was signed between us ; she also took her jewelry back and signed on the agreement with the list of valuables.

10) Dec 2013 she ran away from home with the help of her parents taking everything along. I reported the same to the police (local police station) by calling 100 no. and by giving a complaint.

List of cases filed by her are below on different dates and from different states;

27-06-2014 Chief Judicial Magistrate, Solan, H.P                125 Cr PC

19-07-2014 District and Sessions Court, Solan, H.P              10 H.M.A

13-09-2014 Judicial  Court Complex, Panipat,                      498A /406

27-04-2015 Chief Judicial Magistrate, Solan, H.P                 12 D.V.Act

Is it legal for a lady to file and Harass the husband, two minor daughters and his parents by the above act. 

What steps should one take in the above situation.

Please support and guide.



Learning

 1 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     05 July 2015

Sir, All cases are fine .... But what are you willing to do .... Better focus on mutual consent divorce and get the things settled for the sake and welfare of you children .... Warm Regards Kapil Chandna Adv 9899011450

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