False dv case
Vinit
(Querist) 01 December 2013
This query is : Resolved
Hi All,
I am a victim of false domestic violence case. I got married on Feb-2013 and my wife stayed with me for 5 months and left my home on her own without informing me on Jul-2013. Next day she brought her mother and brother and took away all jewellery and belongings. I have not taken a single penny or dowry from my in-laws. Now she has filed false domestic violence case against me, my parent, brother and sister-in-law. I tried all possible ways to save my marriage but all my effort was in vein.
I went to her home to bring her back but her brother had physically abused me and my wife supported him for the same but thinking that it’s a family issue I didn’t file NC/complaint against him in police station (big mistake of my life). Her mother asked for written document from me stating that henceforth I will stay separate with my wife and not spend any single penny on my parent or meet my family members in future then only she will send her daughter back to my home but when I checked my wife readiness or her view on the same by calling her on mobile then its seems like she was not interested to come back but trying to portrait my picture as cruel husband and she is very innocence abla nari .
After she left my house, her mom informed my sister in law during their telephonic conversation that her daughter used to share all day to day happenings with her on regular basis and she also used to check all family members mobile phones and personal documents so we know each and everything about your family.
Since our marriage I had observed that she was not interested to talk or mix up with my family or with me though we tried our level best to make her comfortable in my family. We were in such impression that she will take some time to open up as she is not used to stay in joint family as she was staying with her mom and brother before our marriage. She always used to remains in her own world and every night tries to bring some odd topic and start fight on the same.
Our marriage was arrange marriage and she forced her mother to get married with me but after our engagement she used to fight with me on petty issues and after my marriage it was nightmare. I am not sure whether this marriage was done with all good intention.
Please provide me legal advice to tackle and come out from this situation.
Thanks,
Vinit
Devajyoti Barman
(Expert) 01 December 2013
It appears that your relationship is all but over.
So it is better to make amicable settlement with her.
T. Kalaiselvan, Advocate
(Expert) 02 December 2013
First send her a legal notice to join you back,if there is no response, wait until completion of one year after marriage, file a divorce case on the grounds of cruelty and desertion, let she file any number of false case against you or your family members, obtain AB and face them all, and quote her to be the cruel natured person citing the incidences.
R.K Nanda
(Expert) 02 December 2013
agree with experts.
ajay sethi
(Expert) 02 December 2013
do you have proof of return of jewelry items? contest DV case on merits .
Rajendra K Goyal
(Expert) 02 December 2013
Contest / defend all the cases against you and your family. Try for Mutual Consent Divorce and if not possible file case of divorce.
Raj Kumar Makkad
(Expert) 02 December 2013
You have no other option but to defend the cases on the basis of best evidence available with you.
malipeddi jaggarao
(Expert) 03 December 2013
Agreed with all the experts. All are having similar view. Wait till completion one year and apply for divorce. No reconciliation will be possible with such persons.
