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mohit (others)     25 August 2014

By wife misus law

my marriage in 2010
i have issue a girl child in 2011
my wife left my house in 2012 with his parent to attend the marriage with my daughter after that she not come back to my home.in between i call her to come back but she is make excuses i have helth problem i am taking a treatment .doctor advice me to rest ect.i go with my father to take come back her to live with me but she refuse to live with me after that she never come to my home.
my wife file a case in aug 2013 at his parent house u/s 125crpc when i go to attend this case i file a application to take her back my home but she voluantry refuse to come back with me . court decided 1500/- for her and 1000/- for daughter interim maintanace . than i file a section 9 rcr at indore she come to attend the case and refuse to live with me case is pending . in his case u/s 125 crpc at the time of cross exmine she admitted never demand dowary. his father also admit no demand of dowary by me and my family members. other things also admit . now the case is on final stage after this she file a case of dv act section 12 and 20,22 demand 40 lakhs in his petion not mention of any case pending 
my question is the dv act case is maintable after live 2 years seperated.if any citiaion please give me 
my wife live with parents is other state court have a juridication for file a dv act case in his petion all incedent of before jun 2012.it is maintable if any citiaion please give me 
my wife refuse to live with me in my section 9 rcr case after appering in court also say that he does not want to live with me .
my wife in 125 crpc case in evidence admit that is no dowery demand, also admit live seperat since 2012 , also admit i come to take her back but she refuse , my case is now on final orrgument please give me some cititaion on 125(4) where 125 crpc is rejected if not possible cititaion please give me a link or head of cititaion 
new facts in my case in my rcr case i ammendent it in divorce my wife says no objection in court and court convert my rcr into divorce on ground of crulity and desert issue also make. but after that my wife give a complaint in her parents place police in section 498a against me and all my family member making false allagiation that i have demands rs 2 crore and also false allagiation on me when me and my father go to take her before and case pending. she make false allagiation that i rape her the allagiation she made is about 1 and half year before making complaint u/s 376(b). what can i do now please advice me as soon as possible. 
thanks in advance



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 2 Replies


(Guest)

my marriage in 2010
i have issue a girl child in 2011
my wife left my house in 2012 with his parent to attend the marriage with my daughter after that she not come back to my home.in between i call her to come back but she is make excuses i have helth problem i am taking a treatment .doctor advice me to rest ect.i go with my father to take come back her to live with me but she refuse to live with me after that she never come to my home.

 

opinion: Do you have all the evidences which suggest that you were good to your wife and tried your level best to call her back?



my wife file a case in aug 2013 at his parent house u/s 125crpc when i go to attend this case i file a application to take her back my home but she voluantry refuse to come back with me . court decided 1500/- for her and 1000/- for daughter interim maintanace .

 

Opinion: Have you not gone for revision?


than i file a section 9 rcr at indore she come to attend the case and refuse to live with me case is pending .

 

Opinion: at what stage? Dude, you are having grounds to dismiss her 125crpc as she is willingly deserted you. Don't your lawyer argued in 125crpc ?

 

Try to win your RCR then you will succeed in wining her DVA case.

 

 

in his case u/s 125 crpc at the time of cross exmine she admitted never demand dowary. his father also admit no demand of dowary by me and my family members. other things also admit . now the case is on final stage

 

Opinion: I think your lawyer is not up to the mark Or he has not done a homework prior to submitting evidences and cross with a neat case of desertion from a wife.

There are number of judgements where wife has to prove that her husband has done mental cruelty that's why she is living away from her husband to get maintainance.

Anyhow this is interim and it's your bad luck that you are born in India where Every creatures are supported and protected by law except Men.

 

after this she file a case of dv act section 12 and 20,22 demand 40 lakhs in his petion not mention of any case pending 
my question is the dv act case is maintable after live 2 years seperated.if any citiaion please give me 

 

Opinion: No it is not maintainable but for this your lawyer has to be smart to argue in a such way that her greedy lawyer may think twice about filling such false cases in future.

There is Bombay HC J Roshan Dalvis judgement and one MP high court Judgement . Just google down or search on the LCI,You will find many discussions about these DV limitations.


my wife live with parents is other state court have a juridication for file a dv act case in his petion all incedent of before jun 2012.it is maintable if any citiaion please give me

 

Opinion: She has jurisdiction to file DV case anywhere she is residing. So, in jurisdiction point it is maintainable but on limitation period it is not maintainable.

 

my wife refuse to live with me in my section 9 rcr case after appering in court also say that he does not want to live with me .
my wife in 125 crpc case in evidence admit that is no dowery demand, also admit live seperat since 2012 , also admit i come to take her back but she refuse , my case is now on final orrgument please give me some cititaion on 125(4) where 125 crpc is rejected if not possible cititaion please give me a link or head of cititaion 
new facts in my case in my rcr case i ammendent it in divorce my wife says no objection in court and court convert my rcr into divorce on ground of crulity and desert issue also make. but after that my wife give a complaint in her parents place police in section 498a against me and all my family member making false allagiation that i have demands rs 2 crore and also false allagiation on me when me and my father go to take her before and case pending. she make false allagiation that i rape her the allagiation she made is about 1 and half year before making complaint u/s 376(b). what can i do now please advice me as soon as possible. 
thanks in advance

 

Opinion:    Links: A well said strategy to fight false 498a,DV and maintenanace cases

 

List of More than 100 Judgements where Maintenance denied to wives..


 

PS: Change your lawyer and hire one experienced lawyer who have good track record in winning the husband's cases.

 

ESIS

 

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Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

 

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great india (manager)     27 August 2014

Interim which you got is affordable. Comparatively..... .thats a good luck for you. You can argue in dv that interim maintenance already ordered and obeyed by you as per your financial capacity. Multiple maintenance is a strict no no. Dv can be dismissed as you have a good case. All you need is strong written arguments and ws in your cases with citations as linked by esis above. Good luck.....

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