Will it be considered as “desertion by wife?”

Querist : Anonymous (Querist) 16 December 2011 This query is : Resolved
1. Two and half year ago my wife deserted me after lodging an absolutely false non-cognizable (NC) case against me in nearest police station and went along with her parent taking her all belongings and her son.

2. She did not press the case in the court of law because she knew very well that she had lodged false NC against me.

3. After several attempts by me she didn’t turn up to join me.

4. She even refused to join me on my request through “Telegram”.

5. Subsequently after six month of desertion, she and her parents commissioned a conspired criminal offence, the process has bee issued in this matter against them in the concerned court of law.

6. She along with her father has also hatched some criminal conspiracy against me and also attempt to commission the conspired criminal offence. In this regards the concerned metropolitan magistrate (MM) has ordered the Sr. Police Inspector of the concerned police station to “Verify the facts and do the needful” on the ‘incriminating materials’ placed before the MM by me.

7. Consequently wife has lodged false 498-A and maintenance case against me.

My query:-

1. Will desertion by my wife ‘two and half years ago’ and taking into account of her refusal to join me and subsequently commission of criminal offenses amounts to “Desertion by wife in connection with the maintenance case”?

2. What are the evidences will be required to prove if it amounts”Desertion by wife”?

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Shonee Kapoor (Expert) 17 December 2011
Yes only if she is unable to prove that there was a just cause of leaving you.

Evidences would be based on what kind of allegations she put.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 18 December 2011
She and her parents lodged absolutely false complaint u/s 323 and 506 of IPC.

Shonee Kapoor (Expert) 20 December 2011
Then the case has to be fought on merits.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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