Harrassed (accountant) 15 July 2013

False dv case aginst me in india and am not there

Hello experts,

Please guide for below facts

Summary:

22-feb 2012:I went to my inlaws place to leave ex-wife to attend marriage ceremony of their relative.

03-Mar-2012:Went again to bring her back after marriage but inlaws made excused that she will stay for 1 more week.

09-Mar-2012:Went again to pick her but this time again they made excused that she is having exam in 30^th Apr 2013 then will be back.

15-Mar-2012:Went to meet her.

26-Mar-2012:again went to meet her.

Everything was fine and healthy till date.

03^rd-apr-2012:again to see her that day her mother asked me to purchase flat for my ex-wife.I didn’t said anything I come back after meeting with her.My ex-wife was also nice with me too by that time.

But after that I didn’t went her place and then my inlaws asked me to call only if I get accommodation for her.i didn’t say nything.because my ex-wife was still nice with me.may be she was playing game behind the scene.

15-Jul-2012:One meeting was called by me with all the senior person from her family and that time my in laws promised to me that they will sent her on 22^nd jul 2012.

On my repeated request she didn’t come back.

On 25^th Feb 2013 I sent divorce to her by pronouncing triple talaaq.She received that notice on 1^st Mar 2013.

In the mean time her parents filed DV case against me on 28^th feb 2013.and demanded 4 lacs and 35k every month from me.

I attended first hearing on 27 Mar 2013 and they also confirmed divorce.

Then in May-13 I left india for US assignment.DV case still running my advocate submit his answer on 27^th june 2013 stating that if divorce is already happened than this case should be rejected.

But today my advocate is saying to me that As your divorce paper is received by her on 1^st Mar 2013 and they filed case on 28^th feb 2013 so there is less chances of dismissal of their petition and I bribe to judge then he will dismiss case.otherwise trial will be run.

Interesting thing is that there was no violence till date from me as I am working with reputed brand and my little mistake can ruin my careen so for me best protection against all ODD is to keep silence and have patience but not bow against falsehood.

Now my Question is that is their really any chance for trial.

1. My parents are attending hearing in court every week..Can court ask them to pay my ex-inlaws?

2. I already give copy of all the proofs to my advocate to show there was no harassment frome me. then shall court pass order against me?

3. She wrote wrong salary of me in her petition but they don’t have salary slips of me then how can court decide maintenance for her as I am not in India?

4. What is the procedure of court do I need to prove my innocence or does she have to prove violence against her from me n my parents.

5. One last thing we didn’t have any domestic relation for 1 year before filing DV against me.

6. Should I go back india to fight or stay here,if there is no threat to my parents.

7. Is it good step if my parents submit in court stating that they don’t have any relation with me as I left india(They disowned me)?

Please help me.

Reply Follow

4 Replies

shriks........... (healyhcare) 15 July 2013

1.you have any proof stating no domestic relationship for a year.......if yes your case still strong.......
2. if no try defending with strong points..........
3. dvorce done so worry less.......you not here worry less........
4. try gettin stay or dismissal .......through a good lawyer.....

Harrassed (accountant) 15 July 2013

Hi Shriks..

Thanks for your reply..

But still my questions are unasnwered from 1 to 7..could you please put some light on it.

Regards

Harrassed (accountant) 15 July 2013

Dear experts,

Please advice me abt my questions?

Thanks

victim 498A (NA) 16 July 2013

Dear All,

I am a victim of a false case being filed by my wife in faridabad undersection 498A, 323 & 406

My mother got bail from the sessions court in faridabad however mine and my father's bail was rejected by the judege as it seems as an approachable order. The judge first granted bail to my father and then kept postpoining the confirmation even when he joined the investigation ad surrendered his passport. Finally he passed a joint judgement against me and my father rejectiing the bail applications. We have applied for my father's bail from high court in chndigarh and needed inputs from learned counsels. We have registered police complaints in december 2012 against my wife for cruelty as well as misbehaving with my parents. She never stayed with my parents and was alwasy staying with me as i was employed abroad. We also have send them legal notices in Jan 2013 and filed cases of theft, divorce and adultery against them. They filed a false complaint in the police station under section 498 A and 323 they have no proofs of any money being demanded any physical injury or an independent witness to testify their claims. On the contarary we have paid them huge sums of money and have send them a legal notice for its recovery as well.

I would like to update that the high court made the bail application of my father pending and ordered that the case be send for mediation. I am planning to apply for my bail as well in the coming week. Could someone please suggest whether i could take any more initiatives to ensure that my bail is speed up. Also what approaches should i take while meeting the mediation team I would appreciate all the help in tis regard

Also I would like to know what steps should i take to avoid paying the fees to my wife for Rs 20,000/- when i come for the 1st hearing of mediation and susequently Rs 10,000 for every other hearing since I am unemployed and cant even look for an overseas assignment as my passport is surrendered with IO Please advise the further course of action

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