PSPO (Industry) 05 April 2011

False Domestic violence case

Hi,
I got married in nov. 2008 and my wife left my home in Jun 2010.We have no child.
Ours marriage was arrange marrige and we both a highly qualified.
I really wanted to continue married life with her because I Don't see any major reason for break up and nothing happen between us for getting separated.
I have tried all possible way to bring her back but she is not even ready to talk with me.
She told me many times to send some money to her mother as her brother is not having job and her father was died 5 year back.
She told me many times to work according to her mother wish other wise my mother will do anything and I have no guarantee and I will not go against my mother.
She always took her mother side irrespective of right or wrong.
She cam to mumbai with her mother and took all belongings with her ad after that her mother told me that she willnot sent her.
I tried to contact her but it's of no use.

I sent her legal notice to come back after 3monh of separation and unsuccessful attempt to contact and meet her but she replied with false allegations and not willing to come to my home with 30 lakhs for compensation.
Myself and my family tried a lot to have meeting with them to settle down the matter and clear all misunderstandings...but no use.
I was in Mumbai with my wife and my parents not with me for any singe day my parents were at home time as my dad is having his own work and my sis is married and visits my home town 1/2 times in a year.

Now after 6 month of her reply to notice, she logged a false domestic violence case against me,my dad, my mom and my sister with 35 lakh of compensation..
In domestic violence case she plotted false allegations against my family.I have enough proff to prove them false as well.
Now, I have started feeling that there is o point to keep this relationship continue as we are in a Indian society and if there is a interference of mother of wife in family then that family is always in trouble.
I wanted to file divorce petition on cruelty ground from mumbai court so that she knows how to handle case from two different places.

Before marriage she has permanent job and after marriage she was working temporarily and trying to permanent job.
Currently she is not working as per my knowledge.

Que -
5. What is the possibility of removal of my family member from domestic violence case as she was with me only and stays only 2 month with my father and mother in 2 yrs of married life?
6. Can I have sufficient ground of cruelty for divorce petition?
1. What is the possibility of case transfer from mumbai to her home town as we are in same state?
2. What is my action for not to transfer case ?
3. What is the possibility of 498 if I filed divorce petition?
4. What is the effect of divorce petition on domestic violence case?
7. Do I need to pay lumsum amount as maintenance to her if she is having ability to earn money?

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11 Replies

Tajobsindia (Senior Partner ) 05 April 2011

@ Author

1. If no allegations of DV against your extended relatives then one can get discharge of their names from the complaint suit. Means prime facie the cases is against you and they simply roped in to give extra falvour to DV charges then they all can be removed as per several rulings of Mumbai HC in recent past. Your ld. Adv. is supposed to know these.

2. The intensity of cruelty in different couples life are different and as per proving with witness / evidences constructed. So prime facie you seems to show grounds to get divorce suit atleast admitted.

3. Suit transfer are heavily leaning towards ladies side and it is not rocket science to get one such suit transferred from HC as HC has such power for intra – district suits transfers. However, if you can offer conveyance money to her side and show your side of hardships then the transfer also may not happen who knows and it all depends on your scheme of things to do in due course and without seeing the plaint atleast I can’t comment more.

4. S. 498a IPC and other IPC including DP 3 are in-built into this Bharat Ratna DV The Act so if you file divorce or keep watching DVD at home if Magistrate court is convinced enough on her plaint reading that 498a read with DP3 is also possible then at finality of DV Act she may add these sections and for that your lady in life need not have to beg now-a-days to police for the same. That is the sure shot buffoonery of this Act now-a-days called as Bharat Ratna Dream Violence Act.

5. Once she files for DV and you filing divorce means you are adding fuel to her DV theory by allegedly contra minding acts of misconduct / civil wrongs advantage of when quasi civil / quasi criminal proceedings sub-judice. Hence why hurry let her do all the work around if she is convinced to part way then you sit back let her file suits upon suits respectively and one day she has to sit across you so why spend your hard earned dime now on some piece of wall frame and chase decree in divorce proceedings which you and we all know when a husband files is not granted so soon.

6. You have to prove ability to earn and or having income capabilities of her in past and present. There is a separate post of last week where I gave link of earning capacity of wife’s use that link to calculate how much she is capable to earn and using authorities of your State HC contest maint. suit. Concerning lumpsum payment it all depends if no contest then one shot payment if contest then no payment at all and more over lumpsum payment is at the end of the trial awarded. She might have asked maint. under various heads from S. 18 – S. 20 DV Act and that is general template tendencies of most of metro wifes donot worry.

1 Like

PSPO (Industry) 05 April 2011

Actually, I have also contacted lawyer who is friend of my relative and having good exp. in mumbai for advice for second openiuen.

He advised to file divorce petition on cruelty ground and lawyer at my home home town who is handling DV case is saying this is right time to file divorce petition.Also, It may have some bad impact on DV.

Please advice.

Thanks

Arup (UNEMPLOYED) 05 April 2011

if you already not filed divorce petition, then rcr will be suitable for you. rcr also end up with divorce.

Arup (UNEMPLOYED) 05 April 2011

498a, dv, divorce, maintenance all are diffrent issues will be decided in it's own merits and demerits.

Arup (UNEMPLOYED) 05 April 2011

now prepare a list of witnesses and collect evidences of her cruelty, desertation by her, proof evidences and witness of her leaving matrimonial home, - without sufficient cause.

PSPO (Industry) 05 April 2011

My lawyer in mumbai says RCR is not suitable for me as she is not willing to come and I have to wait for 2 yrs if rcr approved and she won't come to file divorce and it is not good to wait 2/3 yrs of life looking at my current age 32.

PSPO (Industry) 06 April 2011

Actually, I have also contacted lawyer who is friend of my relative and having good exp. in mumbai for advice for second openiuen.

He advised to file divorce petition on cruelty ground and lawyer at my home home town who is handling DV case is saying this is not right time to file divorce petition.Also, It may have some bad impact on DV.

Please advice.

Thanks