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(Guest)

False domestic violence case filed by harami wife

Dear Expert,

 

After 3 years of willfull separation by my harami & licchad wife, she has filed false Domestic Violence on me and my family members including 4 ladies (Mother & 3 married Sisters 10, 12 & 15 years back from my marriage) in last December, 2013.

 

Prior to this false DV case, her maintenance application under section 125 Cr. PC got rejected by the Hon. Family Court based on her own self desertion and she has neither been tortured nor been harassed nor been abandoned by neither her husband nor any of husband’s family members and instructed for Rs. 500/- penalty for such false case.

 

Further to her false DV case, u/s 12, she has stated that she used to stay in joint family, she has been abandoned by me & my family members, we used to tortured her, we have sealed her so called “shtridhan”, physically tortured her, we have stalled her jewelry items, I have 1,20,000/- per month income, working in multinational company, I have my own two houses, I have my own two types of four wheelers, she is ABLA NARI, she does not have any source of income, asked for 50,000/- u/s 20, arrangement of rented accommodation u/s 19 with light bill, maintenance expenses, Rs. 15,00,000/- u/s 22 and 45,000/- u/s 23, etc…all the false allegations she has stated in her application.

 

We have filled our reply against her false DV case and urged to delete the names of my mother & sisters from this case.

 

One more thing, she is master degree holder and she used to work prior to get married.

 

I would request expert to advise / guide me on below queries please.

 

1.     How would I sue her & her parents for all these false cases?

2.     Will this false DV Case be maintainable by looking time period / frame?

3.     Is there any time limit for filing DV Case for her?

4.     Filing false cases of 125 Cr. PC & DV Case are the solid ground of cruelty on husband & husband’s family along with her own/self Desertion for filing Divorce Case?

5.     Should I immediately file Divorce Case based on desertion & cruelty?

 

Please guide.

 

Sitan

 



Learning

 18 Replies

gautam (not disclosed)     02 February 2014

if her maintenance case was rejected earlier, that means it will easy to prove desertion without any solid base, and in such case divorce may be granted.

Court may still decide to give her alimony

dv (ghvhb)     02 February 2014

Hi sitan can you email me the judgement where the judge removed/deleted your sisters name. My three sisters are also.implicated similarly.can you pm me so I can send you my email id. Thanks

Gautam Kapoor (IT professional Studying Law)     02 February 2014

@Sitan - better not to use the language you use else you will be devoid of  experts comments from  established legal counsels.

1. How would I sue her & her parents for all these false cases? -> You can do this later after she takes false oath, better not now.

2. Will this false DV Case be maintainable by looking time period / frame? -> 3 years is a long time during which you had no co habitation (DID YOU ?).This can be mentioned in your counter. Secondly, the grounds of her maintenance rejection will also help you. Take a copy of her maintenance petition and her DV Petiton and see if the allegations/demands are similar, in this way you will have a effective weapon against DV

3.  Is there any time limit for filing DV Case for her? -> Well some say after 1 year DV is not maintainable, but it all depends .

4. Filing false cases of 125 Cr. PC & DV Case are the solid ground of cruelty on husband & husband’s family along with her own/self Desertion for filing Divorce Case? Cruelty (proven not by your mere words) is a sound ground for divorce.

5.     Should I immediately file Divorce Case based on desertion & cruelty? -> Doing this is now when DV is ongoing is a two edged sword.Seek a expert Legal opinion NOW so that they cannot bombard you with 498a. 498a is their next arsenal in their weaponry.


(Guest)

No Cohabitation since last 3 year sir.

Gautam Kapoor (IT professional Studying Law)     03 February 2014

mention it to you layer @Sitan

unfortunate victim (owner)     03 February 2014


Please contact immidiately  on  MENS RIGHT ASSOCIATION OR 
https://www.saveindianfamily.org/contact-us/

unfortunate victim (owner)     03 February 2014


Please contact immidiately  on  MENS RIGHT ASSOCIATION OR 
https://www.saveindianfamily.org/contact-us/
https://www.facebook.com/groups/saveindianfamilyfoundation/

Saurav (Engineer)     15 March 2014

with words like Harami and Licchad for your ex-spouse I am not surprised that she left you or filed a case against you .

Gautam Kapoor (IT professional Studying Law)     16 March 2014

@Saurav- are you married ?Did your wife apply DV/498 case on you.Are you a male ? Would you address you wife your wife as goddess if you wife meted the same treatment to you.The words which @Sitan used are not be used implicitly,it is  the court is to prove it.

Gautam Kapoor (IT professional Studying Law)     16 March 2014

No apologies - but out of my inquisitiveness if I have asked you your gender specific question.

Gautam Kapoor (IT professional Studying Law)     16 March 2014

at the EOD keep you gobs shut if you do not have any thing valuable to offer

Adv. Neha ( )     16 March 2014

@author. first of all, you should use the dignified language on a social website. rest as far as your questions are concerned.. read the following:

 

1.     How would I sue her & her parents for all these false cases?

Yes, you can file perjury case, if she and her parents took false oath.

 

2.     Will this false DV Case be maintainable by looking time period / frame?

You are having a upper edge as maintenance case of your wife is already rejected with penalty.

 

3.     Is there any time limit for filing DV Case for her?

Generally, It's for 1 yr period of time but courts considers the cases as per circumstances..


4.     Filing false cases of 125 Cr. PC & DV Case are the solid ground of cruelty on husband & husband’s family along with her own/self Desertion for filing Divorce Case?

Yes, filing false cases is cruelty in itself as it gives mental harassment to the opponent

5.     Should I immediately file Divorce Case based on desertion & cruelty?

Yes, if you are dead sure to end this already dead relation, you can file the divorce case on the grounds of cruelty and desertion.

Adv. Neha


(Guest)

Thank you Experts for your kind and valuable suggestions. and one more thing I will definitely take care in future to do not write such words / will not use such languages.

 

Thanks again.

fighting back (exec)     17 March 2014

@gautam....rightly said by you.....what does saurav expect the author to call his wife,? i think he hasnt experienced the pain of false accusations and harrassment. 


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