Siddharth Kulkarni (Software professional) 14 July 2010

Chances of implication in false 498 or DV

We are separated for 5 years. I filed divorce case on grounds of cruelty and desertion in Feb 2009. She didnt attend the case and applied for transferring it to her native place. Meanwhile the the divorce decree was passed ex-parte. 6 months later she filed for setting aside the ex-parte decree. The decree got set aside and the case got transferred to her native place. Its been 1.5 years now since i filed the divorce petition. She has not yet filed her reply. Now after the case reopens in her native place she may file the reply.

Till now there are no other cases like DV, 498a, FIR etc. I have following questions:

1. Whether she can successfuly implicate me with false DV/498a or any other cases? Its been 5 years of separation and 1.5 years since the divorce petition is filed.
2. Can she claim share/right to residence in my ancestral property? She is permanently employeed in IT sector and earing handsomely.

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7 Replies

Adv Archana Deshmukh (Practicing Advocate) 14 July 2010

No one can stop her from filing cases. Fate of a case depends upon the allegations made and evidence on record. From what you've stated, even if she files any such case, the long period of seperation and the divorce petition are the strong points that goes in your favor. If she files for maintainance, file the proof of her income along with the other things.

Siddharth Kulkarni (Software professional) 14 July 2010

Thanks.. What about the chances of claim/right to residence in my ancestral home?

Adv Archana Deshmukh (Practicing Advocate) 14 July 2010

Even in this case, the factors mention above and her income shall work in your favor. All depends upon how well your case is argued. And you are unnecessarily worried, she may not even file any such case. If she does then, engage a good lawyer, so that the case is handled properly.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 14 July 2010

Dear Sidharth,

She can file 498-A at any point of Time. As per as the DV Act is concerned as per the rescent Judgement Of Delhi High Court a complaint under DV act can be filed at any point of time.

Daughter In Law has no right in property of in-laws. But she can claim thorugh her kids, if any. For further queries u can call me at 9871158578

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 14 July 2010

Dear Sidharth,

I want to know more facts reagarding the case under section 125 Cr.P.C.If it is possible then call me at my given number

Siddharth Kulkarni (Software professional) 14 July 2010

Thanks Rakhi & Archana. Can i apply in high court to expedite the matter by fixing a date for completion?

Adv Archana Deshmukh (Practicing Advocate) 14 July 2010

Just make an application to the court where the case reopens to expedite the hearing of the case stating the facts. If still the case prolongs then move to the high court.