shiva (sales) 16 March 2010

Wife kept status as Unmarried in college and than filed DVC

Hi
This is Shiva from Hyderabad. A false 498A case was filled against me. I got my married in may 2007.The girl was not interested in the marriage and was not interested in the matrimonial life with me .There was no conjugation between us as the girl left before first night was arranged. So our family kept this issue in panchayathi commity in june 2007 . There after listening to both conversations they ended by giving divorce and I have to return the amount and belongings which is given by the girl. We followed the panchayats order and returned the amount and belongings,the panchayat has given written statement that everything is received from boy's end and given statement that both parties should not file any case against each other.From that day I didnt had any kind of relation with them.

After 1 year the girl filed 498A case against me and my family. I was arrested and remanded for 1 day. Now I am on bail.

In the charge sheet they didn't mentioned that they have taken the belongings and money through the panchayat commity.

I filed cheating case on them and inquiry is going on. Now they filed DVC case on me and my family. Interesting thing is she has joined in college recently for her masters, she has kept as Unmarried in her status in admission form and kept her father Surname. .Can any one tell me that will that document can be used for fighting my DVC.

can any one help me how to proceed now to protect me and my family.

Regards
SHIVA

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8 Replies

Gundlapallis (Advocate) 16 March 2010

Dear Shiva : A Hindu marriage can be performed without the permission of court but a husband and wife cannot be separated without the interference of court. Panchayat resolution in your case do not have any weight in respect of separation of you both. In eyes of law you both are still husband and wife.

Did anyone from girl's side or the girl herself did sign the panchayat document in acknowledgement of receipt of all the valuables from you?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 17 March 2010

yes mr gundlapallis is right.

how you came to know that village panchyat has such right? or you try to ignore the legal procedure?

the village panchyat also should be charged.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 17 March 2010

As Mr Gundlapallis rightly said, you both remain as husband and wife.

If you don't want to continue the married life, file a divorce petition in a court of law (don't approach the panchayat again).

Take the assitance of a lawyer and defend 498a and case under DV act with the facts in your support.

shiva (sales) 17 March 2010

But what about the fact that she has mentioned has unmarried recently in her college admission form,whether that document can be used to defend DVC

Gundlapallis (Advocate) 17 March 2010

Just giving a wrong statement in college admission form by the wife will not anyway affect your legal relationships as husband and wife. A DVC case will not get swept away just because your wife mentioned a wrong statement in her college admission record obviously out of anger or dejection or frustation or foolishness (who might have thought panchayat has granted her divorce). If any action should follow for her misconduct that should be from the college authorities - they will have to decide and can take suitable action for her mis-representation for admission into their college.

shiva (sales) 19 March 2010

Dear Sir,

The girl and her parents have signed the documents in panchayat commity that the have recieved everything which they have given to us. panchayat has given written statement that everything is received from boy's end and given statement that both parties should not file any case against each other.

After 1 year the girl and her family filed 498A case against me and my family. In the charge sheet they didn't mentioned that they have taken the belongings and money through the panchayat commity.

I filed cheating case on them and inquiry is going on. Now they filed DVC case on me and my family. Please guide me what to do.

Regards

SHIVA

shiva (sales) 19 March 2010

Dear Sir,

After 1 year the girl and her family filed 498A case against me and my family. In the charge sheet they didn't mentioned that they have taken the belongings and money through the panchayat commity.

I filed cheating case on them and inquiry is going on. Now they filed DVC case on me and my family. Please guide me what to do.

Regards

SHIVA

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 19 March 2010

mr shiva,

here is a clue for you.

collect the copy of the document by rti, or if already you have, put the photocopy of the same before the court and claim that she is maiden at the time of admission. and latter on she did not solemnize a marriage with you . therefore still she is maiden and cannot apply for 498a or dv. now the burdain of proove the marriage is on the shoulder of her and her father.