Rahul 12 November 2021

Wife using fake dv case to extort money !!!

Wife using fake DV case to extort money !!!

NOTE: I have been asked by learned advocates to post different topics in a different thread, and not combine all different questions in one post. (Sorry for so many posts)

Dear Learned counsel,

Even after wife filed for DV case, against me and my side of the family members, I never had a sleep-less night, as I know that every single point that she has stated, is fabricated and in no ways she can prove things that never happened at the first place.

POINTS:-

We had 7 to 8 counselling sessions till now, and in all those counselling sessions I made it clear to the counsellor that: “I did not take 1 rupee dowry, so I will not give 1 rupee dowry (even if wife sugar coats it with the name ALOMINY or MAINTENANCE)”
Husband/Myself is handicap, but still wife got the divorce case transferred to her city, by a HC petition transfer order (Wow …. Women’s empowerment is above neutral justice in India).
She has filed for DV, as a means to extort money !!!

QUESTION:-

Do I have to keep travelling to her city for all the hearings?
During the sustenance of our marriage, wife never lived with mother-in-law (MIL), except for few trips during festival season, but to settle score, she has filed for DV against her MIL also. I may travel to her city, but it would be difficult for my mother (75 y.o.) to travel. So what can be done?
Wife is asking 25 lacks to withdraw cases. I am handicap & unemployed, and I feel as if she is using fake charges, just like keeping a knife on my throat to extort money. What to do? How is this, not a form of REVERSE DOWRY (more so legalised version of it)?
Most of the cause of divorce goes under Domestic Violence Act and cruelty under sec. 498- A of IPC. Most of cases filed today under sec. 498-A is mala fiddly to squeeze out the money. Speaking of which, can the court force the husband to pay a lump-sum amount?
I am handicap & unemployed, and she is a Software Engineer, earning almost 1.25 lacks/month, so as a DV relief, can court forcibly pass an order, for husband to pay a lump-sum amount, against husbands will or earning capacity?
IMPORTANT QUESTION: I have heard that filing false DV, 498A, by a wife who wants to settle scores, is a straight ride to divorce ! Is this true? She said she will give MCD, in exchange for 25 lacks, but what if I dont give her 25 lacks (ped pe to uugte nahi hain paise), then in that case also I will get the divorce, because of her false DV, 498A ...etc .........right?

BACKGROUND: - - Hindu Marriage in 2007 -Son was born, out of wedlock in 2008. -Husband/Myself, handicap due to accident, so wife left in 2010. -Wife never let husband or husbands side of family to see his son. -Husband filed for divorce in 2011. Husband unemployed due to handicap status. Wife left me, as she doesn't want to take care of a handicap husband. -Whereas, wife is software Engineer, and earns Rs. 87,000 / month + Rs, 42,000/month rental income. And has a flat in Mumbai worth 5.75 Crores.

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9 Replies

Advocate Bhartesh goyal (advocate) 12 November 2021

Engage a prudent lawyer to contest the case and follow his instructions.

SHIRISH PAWAR, 7738990900 (Advocate) 12 November 2021

Hello,

You will have to visit other place as per cases filed by your wife. You can try to transfer the petition to your place as per your case. You have stated that, false cases were filed so fight out all the cases. Wife is working and have a good income therefore you will not be liable to pay the maintenance to wife as per your case.

Rahul 12 November 2021

Dear Shirish Pawar Sir,

I already asked my lawyer about the case transfer to my city, but he said that the HC has transfered it to wifes city, looking at her convenience.

Wife has also filed CrPc 125 for maintenance, but her maintenance appeal was not granted by the court as she is a working.

IMPORTANT QUESTIONS: She is using "Relief" through DV case to extort money. Most of the points in DV cases are fabricated, so can can the court still force a handicap & unemployed husband to pay a huge lumpsum amount as a relief in her DV case?

IRONY: How is this any different than legal extortion?

Sastry Varanasi 12 November 2021

Hello, you can file a case against your wife at your nearest plase & you are not to pay any single rupee also. if you have said points are correct. you are hadicapped. So, file a case against your wife.

Tousif Shaikh 13 November 2021

1. There is very less chance to re-transfer DV case to your city, as you said women's are given first preference.
2. In many cases it's on the presiding Judge/Magistrate to provide maintenance relief even of Rs. 1000 p.m. if wife is working as in your case.
3. But i have not read the full case, seems to me that 498A has been filed against your mother.
4. In this case Judge will look at your source of income, your own personal property valued as per current Market price and same will be seen of your wife, then the maintenance or Alimony is decided............. this is if your case goes on for DV.
5. But you can try for reinstatement of conjugal rights (husband wants to live again with wife).
6. Another thing would be if wife disagrees with cohabiting together , then you can go on for disproving any charges of 498A or any other charges.
7. Remember one very important thing, don't hesitate to cross charge her in your statement.
8. Never mention any thing which will be difficult to prove in cross examination or some statements which might give advantage to opponent's lawyer.
9. Overall assessment is you need not have to pay 25L, fight the case and ask your Advocate to postpone hearing as much as possible, so that if wife really wants money she will call for settlement outside court through her lawyer.
10. There are many false 498A cases in past and wife was penalised by High Court, you can refer cases of 498A Rajasthan High Court, if you are convince show it to your Lawyer, then make a proper route to either penalise or make settlement with wife.
11. 2,00,000/- settlement would be fine and just give it to her in presence to presiding judge, remember to make the Judge as witness.

I missed many points but hope these points can help you.

Archana Kodimela 13 November 2021

first prove you are innocent burden of proof lies on you next when found you are not guilty by court you may please for maintenance from wife and even for expenses for pending litigations too

Rahul 13 November 2021

Dear Shirish Pawar Sir

Dear Sastry Varanasi Mam

Dear Tousif Shaikh Sir

Dear Archana Kodimela Mam,

Thank you all so much for your help and explaining things in a nice way. I really appreciate it a lot for you time & efforts.

NOTE: Its just that my Lawyer is in a far away city, as the divorce petition got transfered to wifes city, so talking over the phone is not always convenient or easy to understand all the legal terms, and hence I posted my queries here.

The Almighty bless you all.

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One quick question after reading respected Tousif Shaikh Sirs response:-

POINT: I take tutions and earn Rs. 5000/month, where as wife earns Rs. 1.25 Lacks /month. I had a plot in my name, but I already transferred it in my mothers name. I dont have any house, and live at my mothers place, where as wife owns a Luxury flat in South Mumbai worth 5.75 Crores !!!

QUESTION: so what maintenance relief can she get out of me? (Just curious) I understand that court wants wife to hae the same living standard as husband, but when she already is doing EXTREAMLY BETTER & FINANCIALLY SOUND, as compared to husband, then what relief she can ask for? And what relief can she be granted?

Dr J C Vashista (Advocate) 14 November 2021

Consult a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding if there is "some" truth in the post / facts which is prima facie an academic exercise.

Seema Joshi (advocate) 15 November 2021

After 7yrs no 498 A is maintainable ... except the certain cases where it can be proved with evidence ...

Second DV said common household of ur parents etc are not sharing common household or kitchen with u you can file appeal on their behalf to struck off their name

Ask your lawyer to file your disability certificate and challenge transfer of the cases.

And insist of asking advice here better approach to the local lawyer or you can approach to the state or district legal aid authority... There office are normally in court premises