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leftalone (NA)     10 January 2014

Sec 498 false complaint

My wife left me because i am not ready to give money to her parents. After that she filed false complaint in women police station. After enquiry police understand it is false complaint and ask her to deal the matter under court of law. But they ask me to return all her jewels, belongings and i did so... After that no contact on either side. Thought to file RCR but i fear she may again create  some issues and drag my parents or file DV after that. What i have to do now. I dont want my parents to be dragged in this case. I want to settle this matter but she and her parents is not ready to listen us... They want only money to spend their life. But i am not in position to help them...

1. Can i file divorse based on false complaint in woman ploice station as ground under mental cruality? If so can i escape from maitenance?

2. If she files DV can i go for anticipatry bail. If so how long it is valid? I have no issues in going for jail, i am asking this only for my aged parents. I want to save them...

Please help me...



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 4 Replies

jairam (Partner)     10 January 2014

1. Yes. You can file for divorce on grounds of conduct cruelty for lodging false complaint against you. 2. You need not apply for anticipatory bail in domestic violence cases. The domestic violence act governs civil rights albeit through criminal courts. You are not accused, but respondent in dv complaints.
1 Like

Nishant (Lawyer)     10 January 2014

you can call me +919699911372 then I will ease yours problem .

leftalone (NA)     11 January 2014

Thanks Jairam. please advise how much i need to pay maintenance for divorce. My sal is around 40k after all my expenses like home loan, insurance, Personal loan, Credit car EMI's i would hardly get around 3 to 4k as my savings.

great india (manager)     15 January 2014

good keep it up. 2.paperwork of 3 k will help you and try saving some bucks. 3. do not keep much asssets in your name in near future. 4. transfer/ gift / sale immovable assets if you sense malafide intentions

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