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Niki   19 March 2024

False case by wife, torturing for months for alimony and kids full custody

Hi, I'm a merchant navy officer who is seeking advice on a false family court case by my wife. I've two small kids aged 2 and 5, who I'm not allowed to meet anymore. My wife is creating false accusations on me and my family and is demanding full custody of our house, car and both the kids. She has threatened me for eviction from the house (PS: the house is on her name, and I never cared to transfer  it on both our names although I'm bearing all the loan amount from day 1) 
I'm aware that she is planning for a false dowry and misconduct case next. She has been torturing with false reports to the police from quite sometime now. I sincerely need advice and help!



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

Since you both are residing away from each other for quite a long time, her complaint for dowry harassment at this stage may not be very effective.

You can file a child custody case and an application in the same case for visitaion rights to visit your children periodically as an interim releif.  You can file this petition under the provisions of guardians and wards act.

If she plans to evict you from the house that is on her name, then on the basis of the documentary evidences for having funded for the purchase of the property and also the evidences for the repayment of home loan, you can file a suit for declaration to declare the title jointly along with her, let she contest and challenge your claim in the court.

As a last option you can file a divorce case if you feel that it is no more possible for you to continue the marital life with her on the grounds of cruelty.

 

Dr. J C Vashista (Advocate )     20 March 2024

Seek custody of children through some local prudent lawyer and wait for any legal action(s) which your wife takes., which is still pre-mature 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 March 2024

Husbsnd also can file a case against wife under cruelty as per domestic violence act. Recently delhi high court hearing When a self-proclaimed “ideal husband” filed a domestic violence case against his “dominating” spouse in October, a lower court in Delhi heard him out and issued a summons to the wife. However,


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