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Bharath (Designation)     31 August 2012

Wife files domestic violence case on receipt of divorce noti

My wife and I have been living apart for over 2 and half years. She continues to live in our matrimonial home that I had purchased in her name and continue to pay mortage EMI till date.  I also pay her a monthly maintenance.  Unable to resolve any differences, I filed a petition for divorce at the Family court in Chennai.  Two days after receipt of the notice she filed a Domestic Violence case against me.  

What are my chances of quashing the Domestic Violence case and fighting my divorce in the family court ?



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 8 Replies

Prashant Ghai (Advocate) (PrashantGhai.com)     31 August 2012

You could have chosen to file a Mutual Consent Divorce Petition after talking to her. That would have been the best thing if she would have agreed.

 

Regarding the DV case, well since you both had been living separately for over 2 years, paying monthly maintenance and other related facts, it is obvious that she had filed this DV case on false and frivolous facts. So if have proof of all the things mentioned above, it is possible for you to strike her case down with your evidence.

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Bharath (Designation)     31 August 2012

Mr. Ghai,

Thanks very much for your quick and considerate response.  Indeed I tried asking her for mutual consent.  I prepared a draft for mutual consent and gave it to her. She flatly declined to consider it.   I have proof for paying mortage of the house that she currently lives in and also have SMS proof where she herself mentioned that the current Rs.20K that I pay her is insufficient and she wants more.  I have taken great care of my daughter (who is currently under her custody).  I took my daughter on holiday to Singapore just two months ago and have evidence.  

I do not want to be fighting a case in a criminal court rather willing to sort out her "reasonable" demands in the family court.  Is it possible to request the court to quash the DV case ?

Thanks again,

Bharath

stanley (Freedom)     31 August 2012

Now days filing off false and firvilous DV cases is common .  Go through the DV act properly . Rememeber DV cases are  for a protection order to be passed that too after hearing the case and only when these orders are not adhered too than it is taken as contempt of court . What are the reliefs she has asked under the DV case you have not mentioned only than can one answer your questions. . Contest your case and  fight it out . Giving into her demands would make you all the more weak and she would make you  a Scape goat .You have nothing to lose as your have already given her a residence and you paying her maintanence  .

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Bharath (Designation)     31 August 2012

Hello Mr. Stanely,

Thanks for responding to my query. I am reading throught the DV act.  

I have not yet received the summon from the court, however I volunteered and met the protection officer of the case. She mentioned that the demand is for an immediate settlement of Rs.20L ,a monthly payment of Rs.80K and that I should let her keep my daughter.   I honestly don't have that kind of money and I don't earn so much. 

I want my daughter and I know its daunting.  

Thanks,

B

stanley (Freedom)     31 August 2012

Dear Barath ,

Tell the protection officer to go to hell and dont believe them . The protection officer  just file's a Domestic incident report and   the forms 1,2,3,4  as  conveyed by  the wife are sumbitted for the DV case without even inquiring into the incident and they sign and put their seal  on it . Try to find out if your wife is working does she have a source of income and has any  fixed deposits etc. Since with this proofs it will help you at the time of maintanence . What ever maintanence you are giving its better to give it by Cheque or DD.In the case of Residence under section 19 of the act you already have given her . if she has filed for a  relief under section 21 that is for custody of the kid ...than under the same act U/S 21 you can file for visitation / over night acces for your daughter plus 50 % annual shared holidays .etc. Contest the case and dont give in to their demands .

1 Like

Prashant Ghai (Advocate) (PrashantGhai.com)     31 August 2012

You have a good case. Just talk to your Advocate (I hope he is good) in detail regarding all the facts and you'll be out of this mess with minimum damage.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     01 September 2012

Mr Bharath , 

Look you paying everything to her even than she is filing DV case against you . you keep with you the proper record what you had paid her regularly , you do some thing more that you stop paying her anything now onwards , you face the trial in court without worry and your produce in court latest income tax returns and other proofs of income , let court consider maitanance for her , this is only soluation for frivolous cases.The court will afix much less maitanance that what you already paying , only than she will come to know the reality. 

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Mathew C. Jacob (lawyer)     01 September 2012

Dear Friend, Domestic violence does not happen while you stay apart.  You cannot expect to file a case of DV post dated to the divorce pettion.  Just a small advise, don't give up, just contest your case.  Your monthly allowance of 20K is more than enough for a wife and a daughter to survive.  Plus you are paying monthly EMI on the house she is staying.  You are willing to take care of the daughter.  

Now the point of concern, Just wait for any summons from the court where she filed her case.  Stop all the allowance to her until the court decides the case, just make sure to settle the EMI without her knowledge is possible, just to avoid another case.  Side by side also find all source of income directly or indirectly.

Finally if you know the source of her support, then try to mediate with a third person to settle things outside the court in written.  Think about your daughter.  

 

Mathew C. Jacob

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