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Krishnamurthy (Nil)     07 June 2015

How to fight this legal terrorism?

My son is living in UAE. His wife deserted him and came to Chennai and  filed false 498a against her husband, me and my wife in 2010 and during the mediation in the High Court, Chennai, she admitted that she filed false 498a because of her parent's compulsion since she had love marriage with my son against her parent's wishes. She also gave affidavit that her husband and her in-laws (me and my wife) took care of her very well and that none of us demanded any dowry or caused any cruelty.

Then the 498a case was quashed and the couple continued to live in UAE. A girl baby was born to them and for Delivery, she came to Coimbatore and all expenses were met by us including registration in LifeCell for preserving cord and Blood Stem Cells of the baby and also preserving her Menstrual Blood cells and we have Bank Statement for having paid the money thru cheques. to LifeCell towards their charges for Rs 1,15,000/-.  She went back to UAE with the baby and continued to live there with her husband.

Then after living for 18 months, she deserted her husband again and came with the child to her parent's house at Chennai in April, 2013 as per their ill-advice. After 11 months, in March, 2014, she filed false DV case against her husband and me praying for Rs 6 Crores in the name of monetary relief. Actually, I am living in Coimbatore and she and her husband were living in UAE and I am not their house hold member. I lastly saw her only in July, 2012 when she was in Coimbatore. Then she went to UAE and was living there with her husband till she came to Chennai in April, 2013. From July, 2012 till March, 2014, i.e for 20 months I have not even seen her.

In her above DV petition, she has lied many things such as that she was not given food, medical care before, during and after her Delivery etc. But, actually she was treated like a queen by us and we have solid evidences for having given good medical care with prescripttions, Lab reports, purchases of medicines etc and also purchase bills for Gold and Diamond jewelry for her and for the child. My son has proofs in the form of phone messages (SMSs) sent by her to him on many days that she was ordering Non- veg foods  so and so for her and asking what he wanted for ordering for him etc and also informing him to come home early from his office to go to Medical Centre together for medical check-up for her. There are lot of photographs with her husband and child in which she is found very happily smiling and laughing.

The DV case is going on for more than a year in the Judicial Magistrate Court. Under this circumstances, kindly advise how to fight this legal terrorism for extorting money from us by her and her parents. Can we go to Criminal Appellate Jurisdiction of High Court and file Criminal Writ since we have evidences to prove that her DV case is false and she has no evidence at all to prove her false allegations?. Or what else we can do?



 5 Replies

ROHIT SHARMA (Legal Advisor )     07 June 2015

1. Actually her D.V. case will not survive in the longer run.

2. The amount quoted by her in her D.V. petition which must have been made u/s 12 of the D.V. Act, 2005 before the J.M.F.C. is exobitannat and the court will have enough of doubts as for concurring any occurance of any domestci violence.

3. Be paitent. Face the trial.  I am sure that you all will be acquitted. After that file a peition for divorce on grounds of mental cruelty for having filed a false D.V. case.

saravanan s (legal advisor)     07 June 2015

you had said that she left the matrimonial home (uae) on april 2013 and thereafter she went straight to her parents house and had lodged the petition (date not mentioned so i assume as recently)

dv case filed after one year of  seperation is not maintenable as per the supreme court order in inderjeet singh grewal case ,cr. appeal no.1635 of 2011.decided on aug 23 2011.

another thing is you can also prove that her parents are ill advising her to file false cases by producing the details of the previous dv case she filed

she cant ask so much monetary relief through dv act.that itself will prove her mentality to extort money from your family by illegal means

Krishnamurthy (Nil)     08 June 2015


She deserted her husband and came with the child and also with Gold and Diamond jwelry to her parent's house at Chennai in April, 2013 as per their ill-advice. After 11 months, in March, 2014, she filed false DV case.

FightForCause (Businessman)     08 June 2015

Sir ,
I will advise you to start making date to date wise event list from your son marriage.

against each date mark what evidence you have.

Tell your son to go through all his emails and mobile records and try to remember each detail and write it down date wise.

Once you have this exhaustive list of events and proofs against it.......mark the best proofs which are in your favour and also mark which are bad for you.

based on this material prepare what questions you will ask the lady during her cross-examination and try to mark all your good evidences as Exhibits.

many of your good evidences will falsify her false story.

if you are able to do this, you will be easily aquitted, but this is game of please have your courage and energy reserved for this.


All the best. may God be with you and help u.

saravanan s (legal advisor)     08 June 2015

in that case the dv case is maintenable you got to fight the case on will be definite

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