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arun (Sales Engineer)     21 June 2015

Disproved cruelty and filed for compensation

Dear Sir,

Thanking in advance for your support and cooperation.

My wife has filed a false case of domestic violence (only mental cruelty 13 b).  But I was able prove with material evidence and witness that claims made are false and bogus and to stabilise that she as intimate relationship (not adultery) with a boy in her collage, to which she herself has testified unknowing about their telephone calls and their travels to different places’. And my wife’s party was not able produces any proof /evidence to substantiate their claim. They have made only mere claims. In our final affidavit we have also submitted old judgments supporting our case. But they didn’t.   Now I am waiting for the judgment from the court. its been two months now, still now judgments as been reserved. Please give an idea about how long judge can reserve a case for final judgment.

For the same case I had also filed a compensation case with evidence of bank withdrawal statement. (amount withdrawnwas very high per month like Rs.25000/months. she herself has testified that her monthly expenses is about rs.6000 hostel expenses + rs.4000/- materials for her education. But this expenses Rs.4000.00/- for material has been disproved by her guide’s testimony that all materials and expenses for her course is free and paid by the collage. And she has also taken 10 sovereign of my gold form my home, now it’s in her possession.

My question is that  can court give verdict without merits favoring woman and am I entitled to compensation for the cruelty she has committed towards me. Like filing a false case against me, having intimate relationship with a boy, which is mently curelty towards me, spending my money disproportionately and for messing my life.



Learning

 8 Replies

Adv. Chandrasekhar (Advocate)     21 June 2015

In DV case, the court either believe her version and grant the relief what she sought or what the court thinks condign in the given circumstances or to dismiss her case.  The court does not have power under DV to grant compensation to the respondent husband.

 

1 Like

arun (Sales Engineer)     21 June 2015

thanks sir for your kind replay.

But sir, burden of proof lies with the claimant, if they hadn't proved any think, can court given relief on mere claims.. 

Adv. Chandrasekhar (Advocate)     21 June 2015

The ball is in Judge's court.  My guess is as good as yours.  Cross the fingers and wait for verdict.

 

1 Like

Laxmi Kant Joshi (Advocate )     21 June 2015

I think you are confused about section and the act ,as per to me she had filed for divorce u/s13(i-a)HMA on the ground of mental cruelty.
1 Like

Laxmi Kant Joshi (Advocate )     21 June 2015

You are right burden of proof lies to the complainant if she didn't prove her allegations then court can pronounce his verdict in favour of yours .
1 Like

arun (Sales Engineer)     24 June 2015

Thank you all and happy to inform that, verdict came in my favour... Now their is other PO in court for compensation , which i filed after my counseling in divorce case. i do have evidance for the cash withdrawal from bank and other materials, which has been already been submitted..

Do I have any chances to get compensation from her and can she applea in hight court aganist the verdict by family court. when family court as stated that their no merit in the claim and respondent (me) have produced ample proof which shows my innocence.

Adv k . mahesh (advocate)     25 June 2015

what was in your favour in the judgement

and it will be useful for your divorce case also

 

arun (Sales Engineer)     26 June 2015

yes Sir, I will post judgements, once I receive it from court. 


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