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Hitesh Shah (Proprietor)     26 July 2014

False cases and ramifications

I have been helped a lot by this forum members. THANK YOU All!!!!!!!!!

I had married a divorcee in 2009. She left home after stealing from the house and Filed 125 and false DV case in Mumbai. Decided to fight both the cases and gave a fight for the last 5 years. she was demanding 1 crore as permanent Alimony.Meanwhile she was awarded 10000/- pm as interim alimony in 125 and s 12000/- pm as rent in DV. This was despite my submitting documents showing her income and that she has her own residence.

Appelate Courts also did not help... no stay was given and matter reffered to the lower courts. My arrears mounted to about 4 lacs while i had paid a similar sum so that i avoid the distress warrant. Meanwhile I got a dvd showing proof of her in adulterous relation with another man.

I filed adultery case against the person.

She approached the family court for settlement and the Family court offered me settlement at rs 3,21,000/- as permanent alimony. Since the alimony was less than outstanding arrears and was also putting anend to further outgo in terms of monthly payment  or litigation costs. I accepted it. The Family court Settlement states that both parties will withdraw cases against each other and the DVD with proof of alleged extramarital affair is to be detruyed by me and not to be used anywhere by me.

My question is... the perpetrator of false caess and adultery has gone scot free. I fought toth and nail but the system failed me. Money was awrded when none should have been given. 

Is there any way that this lady can be prosecuted for what she has done?



Learning

 2 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     26 July 2014

Dear,

 

I could see your pain and agony, but I think there is nothing in law which would help you because you have made a settlement. 

 

I think god is the one who would punish her for her deeds.

 

Advocate Kapil Chandna

9899011450

Adv k . mahesh (advocate)     26 July 2014

its rather very high amount the court has granted to her to be paid by your rather then 1 crore leave her to her fate 

and before handing over the cheque to them see that all the cases are completed and you are free to marry again 

and also make your lawyer to stress to make a point mention about the destroying of evidence before the court in the judgement clearly 


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