Expert Advise reqd. against False 498a,323,504,506,3/4 DV act, 12/DV Act and Divorce case.
Guest
(Querist) 29 September 2010
This query is : Resolved
Hi Experts,
I need your advise on my matrimonial case. Please guide me appropriately. Details of my case are as follows:
1. I and my wife were working in the same office and we got married on 21st April'08. It was an intercaste marriage - me being punjabi and she being JAAT. The girls parents and relatives were against this intercaste marriage but she somehow convinced them. I was staying in Pahar Ganj(Delhi) and she was staying in Dwarka (Delhi) before marriage.
2.We purchased a house in joint name in Ghaziabad (Indirapuram) before marriage (her parents were not aware about the same). I paid Rs. 8 Lacs as black money to the builder and we took a loan from HDFC for 22 lacs rupees. BUT we got the flat registered for Rs.19.50 lacs instead of Rs.30 lacs. And, next days after marriage we shifted to our new house.
3.After marriage her parents' interfare started and it ruined my family, they wanted my mother to be out of our house which I refused, so she left the home on 17th December'2008 and while going back she took away her jewellary and also took along my mother's gold jewellary as well.
4.After that they started demanded 6-7 lacs rupees (blackmailing) me else they threatened that they will file dowry case against me. I refused to fulfil their demands.
5.After she left the house (asking for divorce), we both stopped the EMI of our housing loan because that was in joint name.
6.I had also submitted 2-3 complaint in nearest police station (1st complaint being on14th Jan;-09), SP Office and ssp office in Jan'2009 clarifying the intentions of my wife and her parents stating that they are threatning me to file a false dowry and harassment case against me etc. and also mentioned about the jewellary and articles she had taken while going back.
7.On 14th Jan'09 ONLY she also filed application in CAW Cell-Dwarka,New Delhi- I attended the dates regularly without any fear(because I had not committed any crime), wife submitted a false list of 10 lacs rupees claiming wedding expenses.
8.I took anticipatory bail from Delhi (Tis hazari Courts) on 20th Jan'09.They on this, they filed a FIRon 9th Feb'2009 in P.S.-Indirapuram u/s 498A,323,504,506 & 3/4 DP ACT. The best part was that SHO of Indirapuram P.S. was their relative. So they tried to harass me in police station, threatening me but I was not arrested. Immediately, next day I went to Allahabad courts and got stay on arrest against the said FIR against all accused(mother,uncle and me).
9.Case was referred to mediation center in Allahabad courts in March'09 but no compromise was done and mediation failed. And, i did not apply for a regular bail as of now.
10.After returning back from mediation center, wife filed application u/w 12 of DV Act in Dwarka Courts (Delhi) in April 2009. The case is still going on and on and on - and I am attending all the dates regulary without any lawyer.
11.The trial started for DV case and we were still talking to each other (because of same office), talking to each other on mobile phone, landline, going around in weekends-finding for a solution but we could not come to any conclusion or compromise.
12.Now, she filed Divorce case as well in Dwarka Courts (1st date was on 18th August and next hearing is in November).
13.Because of Non-payment of housing loan, I was told by HDFC bank to vacate the house, so I had handed over the peaceful possession of secured property to HDFC in March 2010. They have sealed the house and now they are trying to sell that.
14.I have recently changed my job and because of new job (monday to saturday), its difficult for me to attend the courts going forward.
Now, I need your advice on the below:
1. I do not wish to give divorce to my wife against the false Divorce case filed by her in Dwarka Courts. In how much time they can get ex partie orders-if I do not attend the court because of my new job?
2.Should I file for Sec-10 (Judicial Seperation) ? Will it help to postpone the divorce?
3.Is it possible, if I appoint a lawyer to attend the court on my behalf for Divorce case and Sec-10 case, if I am unable to attend the court?
4.What is the impact of false list of 10 lacs rupees, submitted by my wife - claiming wedding expenses? The list is completely false, and they will not be able to prove anything in the court regarding this list.
5.My wife is earning Rs. 32000 pm. Can court still order maintenance ? She is claiming approx. 20,000 per month as maintenance in her DV case.
6.I have already submittted copies of her salary slip in my reply (I was able to arrange her salary slip because of our same office).
7.I had submitted 233 pages reply proving/showing all allegations mentioned in her 20 pages DV case were 100% false. Still just wanted to know - Will I have to give any kind of maintenance or permanent alimony to her, incase of Divorce?
8.Can I file / Should I file any counter case-civil/criminal against my wife and her parents to harassing me(filing 498A against me and my family) and also for submitting false statements in the courts?
9.Can I claim 50% amount from my wife against the black money, we paid to the builder at the time of purchase of joint property? She is well aware about this blackmoney.
10.Also, please provide any valuable inputs/suggestions regarding this case.
Devajyoti Barman
(Expert) 29 September 2010
1. The time depends upon several factors including the stage of the suit.
2.No, it will be of no help.
3.Yes, that itself would stop the case from getting heard ex parte.
4.Nothing. Only after conclusion of trial you could try case for perjury and or malicious prosecution.
5.No maintenance
9. No
10. If you want the see the victory then never show any sign of tiredness to fight the long battle.
Kirti Kar Tripathi
(Expert) 30 September 2010
1. I agree with Mr. Burman
2. Instead of filing case for judicial separation, you can file a case for RCR
3. You can move an application for appointment of lawyer stating the circumstances.
3. This depends on materials/ evidences produced by the parties.
5 & 6. You can satisfy the Court that your wife is capable to maintain herself and is earning handsome amount for her maintenance.
7. It depends on the evidences produced by the parties in this regard.
8. You can file.
9. No.
10. properly contest the cases and produce the evidences, what you have
Guest
(Querist) 30 September 2010
Mr. Kirti,
Thanks for your reply. I have already filed RCR(Sec-09 of HMA) last year in Ghaziabad.
Can court give residence orders in DV case? I am staying with my mother in a rented accommodation and I have got the rent agreement prepared in the name of my mother?
Can court still direct my wife (in any circumstances) to return back in the above rented premises? and to stay with me?
Ajay Bansal
(Expert) 30 September 2010
SEE A.I.R. MANNUAL.
Guest
(Querist) 30 September 2010
Dear Mr. Ajay,
What is A.I.R. Manual? Can you forward the same to my email id "contact2amit.arora@gmail.com", if you have the soft sopy.
