Mayank (Business) 05 April 2009

Case under Domestic Violence Act

Suggestions needed from all the experts in this forum. Here are the details

1. Got married in 2003. After living together for 2 months, living separately since then.

2. Wife filed false 125 & 498 in 2004, and cases are still going on.

Recently the other party contacted us for a settlement. They were asking for a lumsum amount, which we agreed to give but when we asked them for proper paper wrok (as suggested by Ld. Council in this forum) prior giving the money, they backed off.

Now they have filed another case under DV act after 6 years living seperately. She now wants to enter into matrimonial house and wants compensation for the monthly expenses. To me it looks like she wants to prepare some evidences for her earlier filed 498A case(as till now she had not provided any substantial evidence in court to support her 498 case).

I now need your suggestions and what all options i have to fight this out. I am more worried about my parents as they don't feel secure if she enters the house. The house belong to my parents. Do i have any legal remedy to prevent her from entering my parents house. I am currently living with them as i lost my job long back (result of fighting these court cases on daily basis).

Help...Your suggestions are greatly appreciated.

Thanks

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4 Replies

swati (advocate) 07 April 2009

hi,

if her intentions are not good, and just to collect evidence she wants to come back to your home then the best way is that first u file a divirce petition as from the fact u revealed i think u r paying her maintanance, if yes then taking a decree of divorce first is the best way to get rid of, and for the rest of the matters which she filed against you, you defend it with full strength on the basis that she is living seprately, and after so many allegations levelled on you by her your living with her is very impossible in that way u can convince the court

PRAKASHCHANDRA MARU (lawyer) 21 September 2009

i think that u are seperate from the ur wife how u torchure so u will get good denfence in ur case

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 21 September 2009

Did u file divorce case. if not then why.

In DV you are bound to provide shelter.

There are few ways by which you can protect your self but first tell us ur all the detail from marriage till today and what about 498. who is the party and what is going on in that case. your location.

Your present status, u r jobless or doing some job etc.

If u will not contest this application then court can allow her to reside with u alongwith police protection.

Regards