To cancell maintance
mohan.D
(Querist) 04 May 2014
This query is : Resolved
Dear experts
My wife has know put 4 cases on me.
1.criminal case
2.partation suit
3.maintance
4.deomestic violence
I was marreid in june 2010 and my wife left on here own without any reason on dec2010 and i filed RCR in 27th april 2012 she filed the dowry case 498a cases on after receving court notice in 22may2012 on my family and dowry case is closed by the police on 24th may 2012 after that she never came and i got ex-party order on 20 oct 2012 and i served a legal notice to my wife on 22 jan 2013 then also she never came and she was staying in here parent house and she is working has a chemist and getting 9k/month and my father died on march 14 2013 after my father death she i filed a 4 cases on me and my mother.
case1.partition suit in that she mentioned my address that we are staying toghter in same house
case2.maintance case she has mentioned my addressthat we are staying together and she is unemployed
case3.deomostic violence she mentioned my address and she has mentioned differnt address of me and my mother
case4.criminal case she as mentioned my address and she is working
case5.In RCR and legal notice i have my wife parent address
case6.In dowry case my wife has mentioned thier parents address
My querys are
1.when she is not staying with me scince dec2010 and i got RCR ex-part order also how she can file a cases on me with different address after my father death?
2.Can i cancell the maintance case that she has shown differnt address and she is working and she has miss guide the court?
3.can i cancell the deomstic voilation that she has mentioned different address in my wife salary slip she has mentioned here parent address?
4.My wife has given false criminal case on me after my father death she was living together with me can i cancell the criminal
cases that she has mentioned diffrent address in differnt case and she has miss guided the police and court also?
Dear experts please guide me please what i can do the best
Regards
mohan
9880962229
ROHIT SHARMA
(Expert) 04 May 2014
Dear Mr. Mohan,
1. you may get better responses from other lawyers but if not then you remember me and the advise that i had given.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
Devajyoti Barman
(Expert) 05 May 2014
1. She can file case cases even after RCR decree. However to get relief of RCR decree you can file suit for divorce if 1 year is passed after passing of decree or to implement the decree you can file execution by way of attachment of her salary.
2. This ground is not enough. Prove her earnings.
3. No. If you could manage to get divorce decree then this case fails.
4. You can think of quashing on these contradictions.
Rajendra K Goyal
(Expert) 05 May 2014
agree with the expert Devajyoti Barman ji. You should fight the cases on merit after collecting proofs and evidences. Difference in address may be a point in your favor but only this point can not decide the cases in your favor.
T. Kalaiselvan, Advocate
(Expert) 07 May 2014
I too agree with the opinions and advises rendered by expert Mr. Devajoti Barman on the issue.
Sudhir Kumar, Advocate
(Expert) 23 May 2014
who are you to cancel DV case, to cancel maintenance and cancel criminal case.
Why you do not want court to decide this.
