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LegalFighter (test)     26 January 2015

Can a wife make false allegation after those in reply notice

Hi,

I have filed RCR after my wife deserted me with child past 2 years(from feb,2013,but I have been to court by march 2014 ). Before RCR I have sent legal notice stating all the allegations and in the reply notice she told some false allegations like scolding and beating.

1. Now my query is if I file for divorce based on mental cruelty, desertion, could she file false dowry case?, which she never hinted in her reply notice.

 

2. can she file DV in police station after these 2 years of desertion? how can I defend that?



Learning

 7 Replies

Arpan Vasudev (specialist)     26 January 2015

Yes, if her lawyer emphasis it.then yes she can to loot money from you

fighting back (exec)     26 January 2015

before filing RCR, you sent a notice containing allegations of cruelty and various accustions,

then, you file a RCR, saying how much you love her!!!

you contradicting your ownself, 

then you want to file for divorce!!!

what a contradiction. dont you think the court will not observe what you intend to do, first you file RCR then you want to file divorce, therby diluuting your own case.

now, file for withdrawl of RCR, and then file for divorce. 

FREDYCHARLES RK - Bangalore (Advocate)     26 January 2015

The sequence brings a smile RCR,DV,JS/Divorce .....nevertheless remember you have a child and you must sacrifice something now. Since your wife has deserted you for over 2 years lots must have changed and she may have evolved to a totally different personality compared to you DOM and it's no brainer she may rebuts rather furiously on every other line you can think or allege. Be prepared dude and collect some good evidence . There will be a mandatory mediation cycle that you can use to salvage your married life ..ofcourse with lots of  sacrifices for your child . As regards the child it is cruel without the 2 halves.  

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     26 January 2015

 

Sir

Both you as well as her can file whatever cases you want to on each other irrespective of what has been mentioned in the notices. The contents of th notices shall obviously impact the evidence if the same are contradictory. However they do not bar you from instituting the proceedings. Every passing moment in a subsisting marriage is a different cause of action for whatever you want to file.

As regards DV case goes, there is a supreme court judgement regarding the limitation in a domestic violence case which might help you as the separation period is more than 2 years. Get hold of  good lawyer who can have the petition quashed in case she does file the same

Augustine Chatterjee

Advocate

9999931153

LegalFighter (test)     27 January 2015

Dear Experts,

I have sent a legal notice(stating all the allegations and willing for reunion) and filed RCR in an intention to live together with my wife and child only after all our efforts of reunion through my parents,common relatives, family friends,advocates ended in vain.Even my parents spoke with my wife and my mom literally cried/begged her saying "Whatever the problem may be, it can be resolved by speaking.You are also like my daughter, so come , speak and resolve the problems to lead a happier life together".After filing RCR they came to court only once.I have sent several mails and SMS to my wife for reunion but I never got reply. As well she is not showing my son.Literally she tortured me and my family for the past 2 years and their parents are threatening us saying 'we will reunite my daughter only when she is willing to live together.If anyone comes to our house even to see the child,we will file all criminal cases against your family'.After this statement , I don't want to live and put my parents also in trouble.Basically my wife and her mother is very arrogant,they can go to any extend to achieve what they want.

 

The core problem is my wife has been compelled to marry me and before marriage she had an affair with another boy.She told me once the same.So she created more problems to get separated from me.

 

Now my lawyers(These lawyers are acquaintance of our family friend) advising me to withdraw the case and go for divorce after they spoke with the opponent lawyers and observed there is no possibility for reunion or MCD. They are literally trying to drag the case.

 

Thats why I got the above 2 questions.Thanks for all the responses.More suggestions are welcomed.

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