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Deepak Saini (MIS Executive)     08 November 2012

Need information

Hello

My name is Rajiv, My wife file a fake complaint in CAW cell against me and my family. But Instead of accept and do any settelment in CAW, I filled a case in court under section 1955 to take her back. Becasue i think shee need divorce and money from me . But hhen i filled a case against her and her family members. She change her statement in court, also accept that, she lived me but seperat accomdation. Now 1yr gone , can i filled a " Maan Haani " ka case on her family member, Or also suggest me what do i do? Against her family.



Learning

 6 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     08 November 2012

Dear rajiv ,

can you throw some more light on your case so that we will be in better position to advise .

 

Adv.NIKHIL SETH

Mumbai.

Tajobsindia (Senior Partner )     08 November 2012

Two interpretation of your wordings (bze. of queriests bad presentation of facts);

 

Interpretation One -  She filed CAW Complaint and you filed S. 9 HMA (restitution of conjugal rights) and some other case against her and her family. Later she accepted restitution and lived.

Interpretation Two – Against above backdrop either she lived in separate residence with you or without you but now after 1 year of restitution of conjugal rights you want to do something in Court.

Be it so what I could not find is what are your reasons (grounds) to approach Court against her or her family?
Reason being, if I pick first interpretation then it looks to me from your brief that she lived for 1 year alone and not with you in a separate residence. Flip previous sentence and now if I pick second interpretation then it looks to me from your brief that she lived with you using seperate residence for a year which legally translates into “condonation” as more than 180 days cohabitation Bar you two crossed!!!. Here condonation means you have condoned all acts of cruelties which she did earlier upon you once both of you live together using seperate residence.

So now moot question still remains un-answered as per your presented brief, what sets of facts emerged in past 1 year and thereof that creates grounds for some visit to Court now by you? Or is it so that I missed completely reading down you brief :-(((

That special knowledge only you can provide to forum to give you better suggestion than what you are currently reading herein but do clarify atleast to me did you both live together in separate residence for 1 year bze. absence of this crucial special fact gives me slight confusion in your overall brief?.

Also clarify to me another related mild confusion, what is this 1955 in your brief second line as adding all sections in HMA + CrPC + CPC + IPC even this figure does not one arrive at :-(

1 Like

Deepak Saini (MIS Executive)     16 November 2012

Hello Sir

The actual story is, my wife filled a Fake Dowry case against me and my family in November 2010 in caw cell. From the first date (January 2011) she was asking for divorce and 10 lakh rupees and in CAW cell, And SI of our case doesn’t listen to my words, And She repeat same statement in all dates. And I refuse. But after some dates, I've coordinate with an Advocate. And He suggest me to file a case against her and her family " Ki Main toh saath rehna chahata hun but isski family interfare karti rehti hain" which is true . Because I've some phone recording. And always her parents took her home back after denying by me. Last time her parents take her back in 13th Sep 2009, after 14months she filled a dowry case in caw cell. We knew that, she is asking for divorce and money in court as well. But she said nothing in Court regarding CAW cell complaint, divorce and money. Instead of that, she said " Mein rehna chahti hun magr iski gharwale interfare karte hain, Aur saath rahungi Magar seprate ghar mein".

My Condition in this Case is “Her parent does not come to our house in my absence"

Now the situation is, we lived together for past one year in seprate house, which is 10km far from my house, But she is trying to threatened me :-

1. Ki phir se CAW cell mein case open karva dungi. SI Jaan Pehchan ka hain.

2. Mere Parents aa kar mujhe le jayenge.

3. Ab 10 Lakh nahi 20lakh magungi.

So i want to know, if we can prove that in court that, She threatened regularly and the case she filled in caw cell is just for money. So can we do something against her & family as well?

ANAMIKA VICHARE (LAWYER)     27 November 2012

Whether you are staying together now...if so, then no maan hani,,,,as you have condoned her misdeeds/misbehaviour....

If not staying together means not stayed together after 498A....then you can

but I do not understand as to who advised you to file Restitution case u/s.9 of Hindu Marriage Act, 1955 while 498A case was filed.....were you not disturbed, by lodgement of false criminal case against you and your family members...

 

pl email me your entire story whether you have a child...date of marriae etc....

this you can send to me email address....

I give free of charge advise to harassed husbands only via email.....

anamika_vichare@rediffmail.com

Anamika Vichare, Practising Lawyer, Bandra Family Court, Thane Family Court, High Court, Sessions Court, Mumbai

ANAMIKA VICHARE (LAWYER)     27 November 2012

Now you please recod her threats....and now it is better that you file case for divorce....

there is no end to it....if you think that her parents are interfering, but she is no kid, major, married, she should have

some maturity....if not then

better you understand what is to be done....

do not wait for things to happen

go ahead

Deepak Saini (MIS Executive)     06 December 2012

Thanks a ton madam for guiding me. I definitely send you my case for good advice. 


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