After marriage wife leave husband's house in 35 days. after 5 months she filed false case of domestic violence. in these five months husband and family try to contact her family and friends and wife as well, asking to come back home she denied every time. then husband ask for mutual divorce because she don't want to come back home. To take revenge she filed false case of domestic violence. she is not ready for any mutual resolution and want to take advantage of woman rights. what should be done to get rid of this situation? can you please advise husband and family?
जिस समय घटना घटी क्या उस समय पति और पत्नी के बीच कोई था क्या हिंसा करते हुए किसी ने देखा.? 35 दिन के बाद अगर पत्नी अपने मायके चली गई है तो इसका सीधा मतलब यह है कि उसकी शादी उसके पति के साथ जबरदस्ती कराई गई है 99.99% इस बात की संभावना है क्यों का कोई पूर्व प्रेमी होगा किसके कहने पर इतनी है कांड किया है पति को चाहिए कि वह उसे तलाक लेकर एक नई जिंदगी शुरू करें हो सके तो पति भी अपने यहां थाने में उसके खिलाफ वही एफ आई आर लिखाए जो उसने लिखाया है और पुलिस को बोल कर उसके मोबाइल का कॉल रिकॉर्ड निकलवाए जिससे उसके प्रेमी का नंबर पता चल सके और सच्चाई का पता लगाया जा सके।
In domestic violence case the wife can seek, protection order against husband to remain out of her, in this case she's already living separate from him since last 5 months, this relief will fail on this very ground as well hardly any evidence of domestic violence she will be able to produce in court, witnesses, medical records etc.
Next she will be seeking maintenance for herself, if she is working and has means to maintain herself, she gets a big Zero on this issue.
She will be asking right to residence from husband, if husband has not thrown her out of shared household which is also matrimonial home and she herself left it also not returning back on repeated requests, she will not be given any relief for this too by the court.
As far financial damages and cost part is concerned, what damages wife incurred when she left the house of the husband, the documentary evidence in this regard will be required which will have to be first admitted in the court. If no such evidence exists which is quite possible, so here too she gets no relief.
No child in the marriage, so no relief sort.
The ultimate decision will be going against the wife and this will be very good ground for divorce for the husband to proceed with immediately.
No it's not fojdari, husband and in laws need to present in court on given date. Her story is husband doing physical violence. In laws are doing mental tourture. In laws are not keeping servent for household work even though she is doing job. In laws are using her bedroom. This is all fake story. In middle class family all can not keep made. And mother in law does all household work by herself entire life before marriage as well as after marriage. Wife is doing job in IT firm and she is doing job. Husband and family never did any tourture but it looks like she doesn't want to come back and she wants money by doing this false case.