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SAM   10 February 2016

Harrasment by wife

Hi,

I have divorced My wife under Muslim law recently, Reason she was involve in an affair with her cousin, Evidence I manage to get pictures of her nude video calls with him as she was using My phone.

Two months after divorce she file DV case on Me and My family with false report and supricingly it has been registered without any investigation.

I live abroad and My parents and siblings lives in India, Now with the help of local PS she is harrasing My Family and base is she claims her Passport is with My family.

My family is in trouble can someone please advise, How to deal with this situation.

Thanks



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 4 Replies

KS Johal

KS Johal   10 February 2016

your family needs to give evidence to the police authorities that they do not have the passport. If they are in possession of her passport then there is no need to keep it except to give it back to her. If neither party has the passport then she has to reapply for her passport and say that she has lost it. Because the divorce has already taken place in the Muslim law she has no right to go to the police and start making accusations against your family. Originally the issue was with you rather than your family therefore she has no right to do that. If she is claiming domestic violence then the question is why did you not report this at an earlier stage?
KS Johal

KS Johal   10 February 2016

your family needs to give evidence to the police authorities that they do not have the passport. If they are in possession of her passport then there is no need to keep it except to give it back to her. If neither party has the passport then she has to reapply for her passport and say that she has lost it. Because the divorce has already taken place in the Muslim law she has no right to go to the police and start making accusations against your family. Originally the issue was with you rather than your family therefore she has no right to do that. If she is claiming domestic violence then the question is why did you not report this at an earlier stage?
KS Johal

KS Johal   10 February 2016

your family needs to give evidence to the police authorities that they do not have the passport. If they are in possession of her passport then there is no need to keep it except to give it back to her. If neither party has the passport then she has to reapply for her passport and say that she has lost it. Because the divorce has already taken place in the Muslim law she has no right to go to the police and start making accusations against your family. Originally the issue was with you rather than your family therefore she has no right to do that. If she is claiming domestic violence then the question is why did you not report this at an earlier stage?
saravanan s

saravanan s (legal advisor)     10 February 2016

dv case is not maintenable if filed after divorce.you can apply for quashing under sec 482 crpc


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