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Jitendra (Finance Manager)     10 January 2014

Dv and crpc false cases

Hi Everyone,

I am been sufferred mentally, physically, financially and professionally due to false cases filed by my so called spouse under the influence of my inlaws for getting the property belongs to my family.

I have a son who is 1 year old and she is taking advantage due to the baby and mentally torturing my parents and younger sisters. I have tried alot to convince her but she is not willing to come back until i have the property in her name.

I have enough proof to prove their false allegations. If someone can help me out with the below queries:-

1) Should I fight with  available evidence?

2) Should i go for divorce as she has filed false cases and living seperately for almost an year?

3) Should I surrender to her demands?

4) CAW Cell is pressurizing me to accept their evil intentions

 

Please help me out how to go about it

Thanks

Jeet



Learning

 7 Replies

SRISHAILA.DHARANI (Advocate&consultant)     10 January 2014

Dear Jeet,

Don't accept the evil demands of your wife and also don't yield to the pressure by the CAW.Please give complaint to the highier police authorities, against the CAW people.

First you ,issue her a  legal notice asking her to come back and join you.Thereafter, if she  didn't agree , then file a petition for restitution of conjugal rights , asking the court to give direction to her to come and join you,later on you file the petition for divorce.

 Srishaila,Advocate,Bangalore,9741425514

fighting back (exec)     10 January 2014

filing RCR and then filing divorce are two contradictory cases, go for divorce directly, RCR is a futile attempt to save maintainence. which you will anyhow pay. so why file RCR

Jitendra (Finance Manager)     10 January 2014

Hi,

Fighting Back,

Thanks for your reply!

To give more details I have already filed divorce petition after seeing their false allegations and complaints. The reply which  I have received from her Lawyer is very casual. They simply denied the charges without any explaination and reason.

Just to add I have all the evidence and documentary proof to deny their false allegations.

if could help me further!

 

 

Biswanath Roy (Advocate)     10 January 2014

QUESTION 1. -  YES

QUESTION.2 - YES

QUESTION. 3- NO. NOT AT ALL

QUESTION. 4- LODGE A COMPLAINT AGAINST CAW BEFORE DCP OF YOUR DISTRICT

Suggestion - File RCR in the court.

sridher (system analyst)     16 January 2014

file divorse and file for speedy disposal of case

Biswanath Roy (Advocate)     16 January 2014

I advice you to keep aside Divorce as a future weapon as Divorce not only end your conjugal life but also it will create some impact upon the life of your male baby who is the future generation of paternal family and lineal descendant too.  Besides, he is innocent in your marital life but he shall be punished otherwise if Divorce granted by the court. So I reiterate Go for RCR if it fails then think about divorce if possible for mutual divorce.

sandykrish (Interested in Family LAW)     16 January 2014

@ Fighting Back: Not all time RCR will be futile, yes from a technical per say RCR will be futile because no court can ask your wife to cohabit and resume marital life. In scenario's like Husband has really went into mental and physical torture where the husband and husband family has no proof to prove that wife is at fault such scenarios's RCR would be the best option to infuse some pressure. 

When you apply RCR it is said that marriage is dead, now this case will enable the Judge to put the parties in mediation and cases sometimes settle over their. If you are sure that wife doesn't come back then apply for RCR. If you know that you wife is harassing you and will not spare in any way then RCR is of no use. It is left to the discretion of the harassed husband.

Lets not stereotype the application of RCR every case has its own merits and demerits if one has suffered via RCR then it is a case of vaccum.


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