False 498 / dv case
Querist :
Anonymous
(Querist) 09 July 2018
This query is : Resolved
I am victim of false cases from my wife, marriage happened 11 years ago. I have flat (in my sole ownership) in which wife, me and our daughter (11 years now) were living together till 2016. She has “relations” with one gunda type man.
Since marriage she used to do self injuries to her hand wrist many times, she used this as weapon to command on me. But later when I don’t obey her even after another self-injury she done on her hand, then She and gunda friend force me to leave my flat in 2016,
then she filed false 498 against me and my parents (event though parents were not living with us) in 2016 and DV case in 2016. We all got anticipatory bail in 498.
Then I filed for Divorce in 2016, since I don’t have proper proofs of their "relations", Divorce case is mainly based on cruelty.
Divorce and DV case, both are at argument stage on her interim maintenance application.
She is well educated (PG), PhD appearing and passed SET exam and earlier working as Lecturer before marriage.
Now she is in touch with bad peoples, she not doing any job or not continuing study (PhD).
She is working as "snake catcher" and is selling "snake catching sticks" on online/social media sites, each such stick costs around 4000/-
All these points are there in arguments from my Advocate.
Recently, she along with her gunda boy friend, she honey trapped one rich older man, shoot a video and pictures after making him undress, half nude herself and pose as if he were molesting
her in the flat and they threatened, blackmail and extort that man for very large amount.
Then they were arrested red-handed Police while collecting another installment of extortion from that man. Now wife and her friend is on bail.
All this information is available and published in News papers and TV news.
My questions are,
1. Does all these information from Newspapers/News TV will help me in Divorce, 498 and DV case ? How?
2. IS this strong and sufficient evidence to claim divorce on Adultery base ?
3. Will she still eligible for maintenance in Divorce and DV case considering the above incident ?
4. What are best options to throw out her from my flat which she using for criminal activities?
I am sole owner of flat, the flat has pending bank loan, I am still paying its EMIs,
So now not paying further EMI is good option or any other option is there to take my flat back from her.
Dr J C Vashista
(Expert) 10 July 2018
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Vijay Raj Mahajan
(Expert) 10 July 2018
As far throwing her out of the flat, that will not be possible as that is the shared household where she has right to live, however you can get order from the court dealing the DV case or divorce case to allow you to use part of the flat which is solely owned by you.
As far incidence of blackmailing another person by your wife and get friend is concerned, that can help your divorce case by showing act of cruelty on you by criminal activity of your wife wherein she has been prosecuted for criminal offences.
Section 498a IPC complaint is independent criminal complaint to be decided by the court on the basis of evidence of the prosecution against you, the criminal activities of wife will not make any much difference in getting that criminal complaint dismissed against you.
