jaggdish (q) 24 September 2014

Wife harrased with dv case

Hi, My Wife rejected family responsibilities and left matrimonial home in bangalore on june 27 because her father put false 498a on 19th June in Andhra pradesh i.e her place. counsilling to me and wife and issue resolved later i request to join marimonial home but she rejected and stay with her home Andhra pradesh. last august 10th she file dv 2005 to me. after that i sent notice to my wife saying come and join with me. but she replied with advocate that all your points in notice are wrong and matrimonial home address is wrong. but domestic violence is happended in bangalore and her home place mention in my notice reply. Please advise what i am doing my next action in this issue. Children are under my custody. they are studying hostel in Andhra pradesh.

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7 Replies

Jayashree Hariharan (Advocate) 24 September 2014

The statements / allegations that she has made are common points in a notice. don't worry about that. pls take recourse to a lawyer and seek bail for the dv case. on the civil side, you can file for restitution of conjugal rights (your wife rejoining you), or for divorce and custody of children.

jaggdish (q) 24 September 2014

the d.v. case file my father-in-law not my wife. that issue was resolved. if i file RCR or Divorce in bangalore she will file again 498a and any other cases against me. if i will file case in bangalore i.e rcr or divorce . How she can trasfer that case from bangalore to Andhra pradesh. she file transfer case in supreme court or she will come to bangalore and transfer the case what are the precautions i will take against 498a if she will file

Laxmi Kant Joshi (Advocate ) 24 September 2014

i suggest you talk to your wife and her parents and make an amicable solution with them , throw out the ego and for the sake of your children and also for your mental peace convince her and bring her back you can also take help of your relative from both the sides , don't spoil your life in the court cases , you need not have to take bail in dv case , do this if she not willing to come and still you want her back then file sec 9 HMA for restitution of conjugal right or if not want her back then talk to her for mcd .

Laxmi Kant Joshi (Advocate ) 24 September 2014

If both the states are different then she have to approach sc to transfer the case , for 498A you have to gather proof of your innocence of her allegations .

jaggdish (q) 24 September 2014

Sorry for my earlier statement the 498a filed my father in law against me and it's resolved (not DV ).DV case hearing on oct'10 in her place. before this also we do mediation through advocate but they deney to take maintainance. after that suddenly they file DV to me and my relatives. actually her intention is keep her father and mother along with my family and maintain those persons in my house. this is the actual problem in my case. if i am asking at this stage for mediation they demand more money.but i am unable to pay that much of amount.

rajiv_lodha (zz) 24 September 2014

There is no use of RCR case

Involve elders & respectables in the dispute & work for amicable solution...EITHER MCD OR LIVING 2GATHER

If efforts fail, be ready for long fight .....join SIFF & be part of it

jaggdish (q) 25 September 2014

Hi, Please clarify this points.. 1. my salary is 40,000 and i have home loan of 20,000 and my existing rented house expenses and children school expenses are also is there. 2. I have take an out side loan for my children study. how much maintainance i have given to my wife aproximately. she is living her parents in normal town of Andhra pradesh she quoted in her affidavit 10,000 as maintainance and 5,000 as medical expeses. and shared residence and violence against here cost 10,0000/-