manish (M) 16 November 2015

False domestic case

Hi All My wife has filed a domestic violence case against me and my entire family. Currently we do not stay together and I am paying the rent of the flat for her. Its been 8 months since the case was filed and she has not produced a single proof to support her allegations. Upon my detailed reply with all the supporting evidences to counter her allegations, she asked for a mediation. I told the magistrate that I do not ant to stay with her as they has been a lot of trust in the past 8 year. Later on she demanded that I buy her a 1 bhk flat in mumbai if I want the case to be revoked. She already is well earning, has 2 flats in her name which she bough post marraige. I have only one house which I had bought pre marriage. She is also enjoying her life with parties, international trips, etc and claiming in court that she does not have the money, and for which I am paying the monthly rent. Given this situation, is there a way that i can file a case of harassment and defamation with false allegations. Thanks

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SAINATH DEVALLA (LEGAL CONSULTANT) 16 November 2015

Whether U intend to stay with her or not,U should have attended the mediation.U said post marriage she has purchased 2 flats,from which source did she buy them? U have not mentiioned whether she has claimed maintenance? First come out of the case proving her allegations as false and then think of defamation.

manish (M) 16 November 2015

Hi I do not wish to stay with her I attended the mediation sessions. I mentioned to the magistrate that I do not wish to stay with her. She has bought the houses from her salary income as I was the one looking after all expenses. She is asking for 1 cr as one time amount. Now is is asking me to buy 1 bhk flat in mumbai if I want to settle the case I cannot do that as I have the home and car loan. Also she already has 3 flats and asking for another in just extortion l. Regards

SAINATH DEVALLA (LEGAL CONSULTANT) 17 November 2015

Well the court will not accede to the whims and fancies and demands of the wife,as alimony.Can U prove UR investments also in the properties bought during marital period?If so she will have a claim of only 50% over them.

manish (M) 17 November 2015

I had paid booking amount for one of her flats. Apart from that there is no joint investments. She has bought one flat without my knowledge when we were staying together. There is total lack of trust and given the fact that she has put a dv case with all false allegations and she has not been able to provide any proofs for the past 7 months. Can the request the court to order her to provide proofs of her allegations