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Yashh   12 May 2016

Divorce advice & fear of false allegations

Yesterday, the guardians of my wife came to our house and said that my wife isn't ready to comeback at any condition; they said, they tried very hard to convince her to go back but she doesn't want to come back. 

 
We also said that even we don't want her back now and want to settle this matter out of court if possible. At this they said, we should pay them the marriage expenses and should provide the girl with the residence in form of a apartment or something like that. We did agree on providing them with the marriage expenses that they incurred but completely denied to provide her with the flat on the grounds that her residence is not our duty and should be managed by her family; Also she has a space of her parents at their ancestral home in village. Moreover, the girl is earning and shes already having 3-4 properties to her sole name in her native village valuing around 2-3 crore that she inherited from her parents after their demise.
 
We also said that she has already taken most of her belongings while leaving and what is leftover(including jewellery) will be packed and returned to you as soon as my mother recovers from the cancer and chemotherapy sessions.
 
Now my questions are:
1) i have a evidence of this meeting that what was said and what was heard, will it help to strengthen my case against them if they file false 498a or dva?
2) What kind of evidences shall i start collecting to defend myself from these two forceful sections of law?
3) apart from these two section, can i also be framed in some other criminal charges by them?
4) is there any use of filing a RCR first before filing the divorce and will it help me out in any way to defend from the false allegations of 498a or dva or will it further act as weakening agent for the case? 
5) shall i write a written letter to the police station of my fears to get framed in false allegations of dowry and domestic voilence?
6) shall i also write a written letter to her guardians describing the faults in my wife with proofs to safeguard myself?
7) can she claim right to residence and if yes, will the court ask us to provide her with the flat or can the court direct us to let her live in a separate portion in our house?


Learning

 3 Replies

P. Venu (Advocate)     13 May 2016

The posting contains mere fears and apprhensions without providing any background.

All that could be said is that, if the marriage has become incompatible, divorce could be settled through mutual consent.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     13 May 2016

 

Now my questions are:


1)    i have a evidence of this meeting that what was said and what was heard, will it help to strengthen my case against them if they file false 498a or dva?

 

It is mandate to produce defense evidence in the court for not only prove innocence but also to prove the plaintiff as false.  

 

2)    What kind of evidences shall i start collecting to defend myself from these two forceful sections of law?


Circumstantial evidences as per Sec 3 of Indian Evidence Act.


3)    apart from these two section, can i also be framed in some other criminal charges by them?


Yes, 498A, DVA, 125 CrPC.


4)    is there any use of filing a RCR first before filing the divorce and will it help me out in any way to defend from the false allegations of 498a or dva or will it further act as weakening agent for the case? 


Never file RCR. Please boycott family court. Please see my profile articles to know more on this.


5)    shall i write a written letter to the police station of my fears to get framed in false allegations of dowry and domestic voilence?


Yes, please complain to your and her local police station. Also file CrPC 144. Please download CrPC, Indian Constitution and Indian Evidence Act book in PDF format and read to know more and be prepare to file your case either party-in-person or with someone friends/relative (Without Advocate) .


6)    shall i also write a written letter to her guardians describing the faults in my wife with proofs to safeguard myself?


May not help. They might get good and safer ground to make false case against you. Please file CrPC 144 agains them in the district court. Please read about CrPC 144.


7)    can she claim right to residence and if yes, will the court ask us to provide her with the flat or can the court direct us to let her live in a separate portion in our house?

 

Injustice prevails over justice in the temple of justice. 


Please check my profile links and be prepared to fight. Good luck!

T. Kalaiselvan, Advocate (Advocate)     14 May 2016

I support the views of learned advocate Mr. Venu in this regard.


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