Multiple cases from wife
chandra mohan
(Querist) 16 August 2011
This query is : Resolved
Respected experts,
My wife had put following cases to harass me:
false FIR in X police station at my native place against me under sections of 294, 506 and 323 Cr.P.C. under the political pressure against me and I was arrested by police and produced in the court. The case is going on in X court.
Dowery harassment and DV case at Y police station at her native place.
I had put a divorce petition in Z court at my work area (3000km away from X) citing the above false cases and cruelty to my septegardian parents.
History:
our marriage is 15 yrs old.
This problems are created by in laws who are political leaders.
I am a senior official in Govt department and leave cant be granted frequently.
my parents are old age and needs wheel chair.
my wife had discarded the children and do not want to take responsibility of them as well as my parents.
i am the care taker for them right from cooking food to taking them hospital/school etc and I cannot leave them alone to attend these cases
A) Now she will initiate action to transfer the divorce case at Z court to her native. How to stop it?
B) what I should do to handle these three cases at three different locations?
C)How to stop police arrest in Dowery and DV cases.
Raj Kumar Makkad
(Expert) 16 August 2011
A). By offering traveling expenses in transfer petition matter.
B). Peruse your cases with the help of local lawyers and some known person who may help you by attending all petty type hearings.
C). By making compromise or by getting anticipatory bail in dowry case as there is no hope of demanding or paying dowry after 15 years of marriage when children are bieng grown up by you. No arrest takes place in DV case.
chandra mohan
(Querist) 16 August 2011
Thanks sir,
I was desparetly waiting for your reply.
A)To whom I have to offer? becoz there is no talking term now. no contacts with them.
B)okey sir
C)when it is false allegation to harass me, what action I should take to default and punish them?
M/s. Y-not legal services
(Expert) 16 August 2011
1. Mr. Makkad's advise to offer the travell expenses mean to your wife for litigation's travelling expenses. If the transfer application not yet filed mean, Just file a caveat petition before the appropriate court. If its filed mean just file your counter statement and proceed that case. Usually convenience of the wife will be considered by court. So just break it.
M/s. Y-not legal services
(Expert) 16 August 2011
2. If you have merits mean just file separate quash petitions for quash the both false cases which is pending against you. Quash petitions should be filed before the high court. If both cases's jurisdiction under the same court mean its ok. Otherwise you have to approach both high courts.
M/s. Y-not legal services
(Expert) 16 August 2011
If you proved your genuine before court of law mean you can take further steps against them. I mean if you got acquittal mean you have chances to file a defamation case against them. If you got conviction mean you can't.
chandra mohan
(Querist) 17 August 2011
Sir,
In the reply you had mentioned:
"Mr. Makkad's advise to offer the travell expenses mean to your wife for litigation's travelling expenses."
But when we are not in talking terms then -
a)can court decides the amount and how to give her the travel expenses.
b)If she asks high amount then what will happen.
Arun Kumar Bhagat
(Expert) 21 August 2011
At the time of hearing of transfer petition in Supreme Court, you can resist the prayer citing your practical difficulties enumerated by you and also by offering to pay travelling expenses to your wife as per the Court's order.
