continuous cases by wife -- cruelty or not in court of law


Hon’ble Madam/Sir,

                                     I am Branch Manager in NIC, After my filing of Divorce case in october 2012, my wife done following :

            1.Year 2012 - in December  498a, which is in evidence stage (she gave my address 61 gopal nagar kanpur)

2.Year 2013 - DV (she gave my address 61 gopal nagar kanpur)

3.Year 2013 - 125 (she gave my address 61 gopal nagar kanpur)

4.Year 2014 -  Vigilane complaint against me in which I was proved innocent

5.Year 2014 -  RTI against me in which she written to transfer me other region

6.Year 2015 -  379 on me and my mother to transfer case of Divorce from Kanpur to Etawah (she gave my address 61 gopal nagar kanpur)

7.Year 2016 - New case through 156,3 came to my knowledge, still to know under which sections she done that case (she gave my address 128/237, K block kidwai nagar, kanpur)

The last case she filed, she gave my address as that from which I filed Divorce, but she was well aware that after 2012 I shifted to 61, gopal nagar kanpur . This address which she gave in last case is different from address mentioned in all above cases filed previous to this last case. Intention is clear that she wants that no summons can be received to me so that subsequently warrant can be issued against me.

The valuable suggestion which I want from you Honourable Persons that even after above serial-wise cases from wife is it necessary that atleast one of the above cases should be proved as false in order to prove cruelty by wife. I believe that there should be some ruling of Hon'ble Supreme Court that if wife files continous cases against husband then cruelty is proved irrespective of result of any of the cases.

Abhinandan Singh

 
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You should also file criminal cases against her. Talk to shrewd lawyer. Only diamond cuts diamond.
 
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Respected Ramesh ji, I request you to please provide me that citation.

 
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Lawyer

Contest the cases against you through your lawyer.

In a different address no notice/summons shall be served, hence nothing to worry.

In a Complaint case application u/s 156 (3) Cr PC the Magistrate may or may not allow; if it is allowed he (Magistrate) shall direct the police to file FIR and investigation of averments made therein the complaint. If disallowed, the Magistrate will inquire.

 
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Bangalore

Citation will be of no much help.  The trial court can take a citation into consideration or may not take.  It is left to discretion of the court.  Trial courts believe in giving justice to woman, that is of  prime importance even to the Hon SC,  All cases will be tried and if you are not found guilty you will be acquitted.

 

By the way, aisa kya kia ki tumhara keh keh ke le rahi teri bv frown

 
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Please provide any ruling regarding Divorce based on numerous cases filed by wife. It shall be great help for me.

 
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Bangalore

Originally posted by : ABHI_POST_DIVORCE-498A
Please provide any ruling regarding Divorce based on numerous cases filed by wife. It shall be great help for me.

I have citation where filing false cases by wife on husband amounts to cruelty.  But just filing cases on husband does not amount to cruelty as falseness is not yet proved in court of law and cases are not dismissed for want of proper evidence.  Hence you will have to face all the cases, and when the cases filed by your wife are dismissed, you can seek divorce based on that ground. As filing false cases amounts to cruelty and court will jolly well grant divorce.  But all this take lot of time, usually 7-8 years.  If you dont have patience to fight cases, then best option is pay one time alimony and take mutual diovrce, she will take back all cases that she filed on you.  Choice is yours. And regarding citation of just filing cases amounts to cruelty, there is no such citation available till date, as courts wont consider procedural law as cruelty towards parties to the case.

 
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