Wife using fake DV case to extort money !!!
NOTE: I have been asked by learned advocates to post different topics in a different thread, and not combine all different questions in one post. (Sorry for so many posts)
Dear Learned counsel,
Even after wife filed for DV case, against me and my side of the family members, I never had a sleep-less night, as I know that every single point that she has stated, is fabricated and in no ways she can prove things that never happened at the first place.
- We had 7 to 8 counselling sessions till now, and in all those counselling sessions I made it clear to the counsellor that: “I did not take 1 rupee dowry, so I will not give 1 rupee dowry (even if wife sugar coats it with the name ALOMINY or MAINTENANCE)”
- Husband/Myself is handicap, but still wife got the divorce case transferred to her city, by a HC petition transfer order (Wow …. Women’s empowerment is above neutral justice in India).
- She has filed for DV, as a means to extort money !!!
- Do I have to keep travelling to her city for all the hearings?
- During the sustenance of our marriage, wife never lived with mother-in-law (MIL), except for few trips during festival season, but to settle score, she has filed for DV against her MIL also. I may travel to her city, but it would be difficult for my mother (75 y.o.) to travel. So what can be done?
- Wife is asking 25 lacks to withdraw cases. I am handicap & unemployed, and I feel as if she is using fake charges, just like keeping a knife on my throat to extort money. What to do? How is this, not a form of REVERSE DOWRY (more so legalised version of it)?
- Most of the cause of divorce goes under Domestic Violence Act and cruelty under sec. 498- A of IPC. Most of cases filed today under sec. 498-A is mala fiddly to squeeze out the money. Speaking of which, can the court force the husband to pay a lump-sum amount?
- I am handicap & unemployed, and she is a Software Engineer, earning almost 1.25 lacks/month, so as a DV relief, can court forcibly pass an order, for husband to pay a lump-sum amount, against husbands will or earning capacity?
- IMPORTANT QUESTION: I have heard that filing false DV, 498A, by a wife who wants to settle scores, is a straight ride to divorce ! Is this true? She said she will give MCD, in exchange for 25 lacks, but what if I dont give her 25 lacks (ped pe to uugte nahi hain paise), then in that case also I will get the divorce, because of her false DV, 498A ...etc .........right?
BACKGROUND: - - Hindu Marriage in 2007 -Son was born, out of wedlock in 2008. -Husband/Myself, handicap due to accident, so wife left in 2010. -Wife never let husband or husbands side of family to see his son. -Husband filed for divorce in 2011. Husband unemployed due to handicap status. Wife left me, as she doesn't want to take care of a handicap husband. -Whereas, wife is software Engineer, and earns Rs. 87,000 / month + Rs, 42,000/month rental income. And has a flat in Mumbai worth 5.75 Crores.