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fighting back (exec)     03 May 2013

False claims in ws by wife in response to divorce petition

Dear members,

today i collected the WS copy of the response filed by wife in response to my divorce petition. as expected, all the points have been denied in the WS, among other things she has mentioned,

She has claimed that she has filed a criminal case against all the family members in the local police station within the jursidiction of my house, this criminal case, as alleged by her has been filed before she left my house to her parents place, (She left my house one year back)

I visited the police station and enquired about any such case being filed, but the police gave the answer in the negative. no such case was filed against anybody.

can such outright false statement in the WS be another point of cruelty on the husband? , can i use it as one of the points in my divorce case?

Thanks and awaiting your kind replies. Thanks



Learning

 9 Replies

rahul (director)     03 May 2013

dont worry

You will reiterate your earlier contention mentioned in divorce petition in your replication.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     03 May 2013

Let her prove that. If she cannot then, it will be one of the instance to doubt her crediability.

1 Like

fighting back (exec)     03 May 2013

@need justice....thanks for your reply, but, even if it were a general diary entry, then the police would have summoned me...insnt it?


(Guest)
Originally posted by : no pain no gain....

@need justice....thanks for your reply, but, even if it were a general diary entry, then the police would have summoned me...insnt it?

Pain gain no no:

 

Why are you scared so much I cannot understand.


If she truly would have been to a police station, just mentioning your name you would be called a zillion times from the police station.


The woman is lying that she went to police station.


It is police station, if any woman goes to police station with any kind of oral complaint, one will surely get a call from PS.


Your lovely is lying.

1 Like

(Guest)

 

Originally posted by : Need Justice :  Please Stop scaring the party in question

 

@no pain no gain & Helping hand

 

 

 

 

police need not call or do anything. all depends on the content of the GD

 

 

She may not bluff after all. 

 

 

 

Frndly advice - Never underestimate Your enemy !!

 

 

It is a police station not a chowltry or marriage hall for that matter.




It goes on record if something has been complained of in a PS then it is recorded.  A number is issued as for cognizable or non cognizable.  In the latter, one would find himself behind bars ie lockup.




Even if there is a noncognizable offence a NCR should be issued by PS.




In this case of pain gain nono..




The party has not been called by the police to the station.




Even if considered that the matter was compromised as such.




The police will be answerable to court




And that is not a joke.

1 Like

(Guest)
Originally posted by : Need Justice

@no pain no gain & Helping hand

 


police need not call or do anything. all depends on the content of the GD


She may not bluff after all. 

 

Frndly advice - Never underestimate Your enemy !!

 

It is a police station not a chowltry or marriage hall for that matter.


It goes on record if something has been complained of in a PS then it is recorded.  A number is issued as for cognizable or non cognizable.  In the latter, one would find himself behind bars ie lockup.


Even if there is a noncognizable offence a NCR should be issued by PS.


In this case of pain gain nono..


They party has not been called by the police to the station.


Even if considered that the matter was compromised as such.


The police will be answerable to court


And that is not a joke.

1 Like

Tajobsindia (Senior Partner )     04 May 2013

1. Take Certified copy of her W/S.
2. File an Application under RTI Act under life and liberty clause annexing W/s certified copy flagging para where she alleges so to reply back to you in 24 hrs. if any GD entry / Written Complaint pending against such and such persons, residing at such and such place from period such and such period tO such and such period and if yes then name of parties and number of pages thereto along with date of filing if any.
3. Police is bound to search its records and will give you a reply in affirmative or otherwise. That is enough to end your speculative search.   

1 Like

Anjuru Chandra Sekhar (Advocate )     06 May 2013

Just deny that part of her allegation saying if the complaint is made by her by now I should have been arrested by police or called by Women's cell and nothing as such happened and hence she is lying.  If she alleges a fact, the onus (burden of proof) is on her to prove it.  You do not waste your valuable time on it.

singh (test)     22 November 2014

I am also facing similar situation. Undergoing dispute with wife and came very close to divorce,  Following disputes over many issues, she had left the house did not return home for 6 months, after mutual understanding now she has returned home but the fights still continue.

When she had left the house a Notice was sent to me alleging domestic violence and dowry harassment which i have denied in the response to the notice.

During all these months on multiple occasions,she had threatened that she has filed a case against me and my parents for domestic violence and 498A. 

Question is : Is it possible that a complaint is filed and police has been asked to sit on it and respond only when approached by her?


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