marital dispute
Querist :
Anonymous
(Querist) 01 November 2010
This query is : Resolved
wife has filed a false case under the Domestic Violence Act 2005, against the husband and in-laws.
the marriage was solemnized on 9.2.2004 and after marriage, the couple starts living in noida as a nuclear family..
the husband was a mechanical engineer in HONDA COMPANY.. and the girl is M.SC maths but she used to live at home. the girl child was born in sept 2006 out of this wedlock.. the nature of wife was not good as she always had some problem with others.. she even used to fight with her husband on small issues. eg i'll not prepare food or always order from outside, never gave breakfast to her husband after having three maids.. but the husband always had a compromising nature and never said anything to her.. he just want live happy with her at any cost.. but she always used to fight on petty issues.. she even don't like his parents and other members of the family.. she just want to live alone.. she was not happy to see anyone from her husband's family. the husband's family never interfere in their matter ..
the disputes start raising b/w husband and wife and finally the husband left his job in 2008 and start living at home and the wife left her matrimonial home and went to their parental home.. the boy's parents came to know about their fight but they managed and bring them home in bhiwani and asked them to live peacefully.. but again after few days she start fighting with her husband and now also with in-laws without any reasons but the boy's parents never said anything as all members of the the family are highly educated and reputed too.. but she was not ready to live with them and again left her in-laws home in april 2010 and filed a case under domestic violence Act,2005.. the in-laws even don't know that on what basis she filed the above said case. they went to girl's home and asked to live happy with her husband wherever she likes but she refused.. the husband tried alot to solve his marital dispute but still she is not agree to live with him..
she is asking for property out of her in-laws property and want to live alone in that house without her husband but now after filing a false case against all of them, the in-laws are not ready to take her home back.. but the lady want to live there only on the first floor of that house without her husband.. the wife, at present is lecturer of mathematics in college and she get this job because of her father-in-law as he is the head of that college, he also helped her in studies of M.PHIL but she can never understand the value of family and family relations.. her parents never say anything to her even on her mistake and used to abuse boy's family.. now the husband also don't want to live with that lady and want to take divorce from her.. as he don't want to let suffer his parents anymore because of that lady..
please tell me what are the remedies available to us..what we have to do?
how can i help my aunty, uncle..??
thank.
Arun Kumar Bhagat
(Expert) 01 November 2010
Get rid of the lady by filing divorce and contesting the DV Case. IF there is any scope for reconciliation then ask the Magistrate for sending the matter for reconciliation, which can be done by Protection Officer too.
adv. rajeev ( rajoo )
(Expert) 01 November 2010
All most all DV act cases are false cases. Follow the advise given by Arun.
Querist :
Anonymous
(Querist) 01 November 2010
thanks for the suggestions..
one more thing i forgot to mention that in D.V case, the maintenance of 10 lacs rs. has been sought..
so, if we file the divorce case right now is it going to effct us negatively or not because we have consulted several local lawyers and they all are saying that since the D.V case filed before divorce case, its not a good sign for court..
do you think the same??
ashish lal
(Expert) 01 November 2010
go with advice of local lawyers
Querist :
Anonymous
(Querist) 01 November 2010
thank you sir!
Devajyoti Barman
(Expert) 01 November 2010
What do you mean by 'good sign'? The divorce case nothing to do with the maintenance to be passed in DV case.
Querist :
Anonymous
(Querist) 01 November 2010
i mean if we filed divorce case now then it might be used against us in the D.V case.. our main worry is that the opponent's lawyer might use this against us in the D.V case as D.V case has been filed already in june 2010 and we have not yet filed divorce case.. is it a possibility..??
