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VictimOfBiasLaw (Professional)     28 October 2010

False domestic violence case

 

i am male , married before 2 years ,  My wife family is interested in my money and asked for money many times.

Myself and my wife stayed togather for 10 months (not with my parents)

after 10 months i went abroad for job purpose but after 1 months again she asked for money for her family which i denied

so she put false domestic violence case against me , my sister and my parents ,


in this case my wife produced bank statement with false sign and stamp of bank.

i have letter of this bank that this bank statement is with fake sign , stamp and one of the figure is alter.


My Q are:

1. Wil it favour me,

2. my wife will get punishment for this ? 

3. Will court dismiss case as this is on false ground ?

4. can i take divorce and do i need to pay anything if it proves that this case is false and wih bad intention ?



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 6 Replies

VictimOfBiasLaw (Professional)     28 October 2010

When my wife file case i was abroad and today even i was abroad , never appear before court as my layer defend me and say u need not to appear now

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 October 2010

 

1. Yes it would favour you. 

2. Yes your wife can be prosecuted for furnishing false evidence before a court of Law under the IPC as well as CrPC

3. Deserves to be dismissed

4. You dont need to pay anything, and you can go in for divorce - how successful would it be can be said only after looking into the facts & circumstances

G.Balakrishnan (Legal &Financial consultant)     29 October 2010

I am endorsing the view of Mr.Bharat chugh.He gave his reply perfectly

G.Balakrishnan

VictimOfBiasLaw (Professional)     29 October 2010

Details are below :

1. i married in dec-2008 , but my wife and their family interested in my money

2. after marriage within 1 week myself and my wife moved to other city/state where i was working and stayed together for 10 months on rental house ( not with my parent , my parents were in my home town )

3. after 10 months Sept-2009, i have to go to abroad for my job related work , before i left india , i kept ready my wife VISA and passport so she can join me after some time.

4. but in nov-2009 she asked for money for her and her family which i denied , so she put false domestivc violence case in Jan-2010 against me , my parents

When she put this case i was out of india and even today i m out of india and never apper before court as my lawyer defend for this.

5. Case details : in case she mentioned that

5.1  I get transfered abroad intentionally and left her alone in india

5.2 during Sept-2009 to Dec-2009 my parents harrase her , throw away from my house and ask for money

this is totally false so she don't  have any evidence

5.3 she also mentioned that during her stay with me for 10 months , i slapped her

5.4  she ask for share in parent house and 1/3 from my income , i don't have any property or house in my name

5.5 At the same time she is claimimg that she is redy to come with me.

Now in documents she put my bank statement with false bank stamp and signature and i have in written from bank manager that this statement sign and stamp is fake and one of the figure is altered.

another list of gold ornaments on blank paper , no bill , no details of gold shope ( these r all false)

6.   i have filed complaint to same court / judge under sec 467,468,471   for fake bank statement

Till today this is status , Thats all

Please can u please tell me , whether my position is strong in this case ?  i want divorce , how much i have to pay and will myself or parent punish in this case ?

VictimOfBiasLaw (Professional)     29 October 2010

And in case she submitted her visa details also :) , which prove that i have already applied and get her visa ready before i left india

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 November 2010

Thanks Mr.Balakrishnan for concurring...I want to reiterate what i said earlier you have a pretty strong case, the arrangments you have made to facilitate her joining you in US, the visa etc. would help you, apart from that she is not entitled to any share in any property and she is only entitled to right to residence in the matrimonial home, apart from that as to the maintenance, if at all she is entitled to any, and if yes then how much is solely dependant on facts & circumstances, but i leave you with this if fought properly, and if your wife is able bodies & well educated, she is not entitled to dime, Anything else you want to know get in touch at 9810553252


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