False dv case filed by wife
Sukhjinder Singh Saini
(Querist) 20 June 2014
This query is : Resolved
Hi
I belong to Mohali and got married in Feb 2009 to a girl from Delhi (arranged marriage). We were both working and living in Delhi after marriage. My parents were living in Mohali. The girls side lied about her qualification and social status of their family which we could not verify before the marriage (we have the newspaper advertisement). There were problems in our marriage from the very beginning because of her quarrelsome & irritable nature and her constant demands for buying property in her name. Since we lived in Delhi, her family (father, mother, sister, brother) used to come to my house and fight with me. In Jun’10 there was a big fight between me & her and she called her father to my house. Both of them started beating me (I have the photographs of the injuries I suffered). After that she left with her father to her parent’s home. 2 days later her father got a paralysis attack and he was bed-ridden for life after the surgery
Between Aug’10 till Oct’10 there were constant attempts from our side to bring her back but she did not come. In Nov’11 she filed a dowry complaint in the police station and named me, my family and some of my relatives. The police did the mediation and I made an attempt to pacify her and make a fresh start. She asked me to write a compromise (on Rs. 100 stamp paper) in Jun’12 which included many terms like I was responsible for his father’s condition, I will return all her jewelry, I will never ask her about her salary & spends (which I never did before the fight as well), she will not be asked to visit my parental home and I should buy a property of at least 40Lacs in her name within 2 months. I had to give everything in writing and I did everything that was written except for buying the property as it would take time
After the compromise, I moved to Bangalore in Jun’12 as I got a new job there and she took a job transfer to B’lore in Sep’12. She got pregnant in Oct’12 and threatened me to abort the child if I did not buy the property in her name. Investing in the property at that time was impossible for me as I was supporting my parents also and with the baby coming, the expenses were bound to increase. On top of it, my wife would also quit job and I have to bear her expenses as well. I somehow convinced her not to abort the child but got suspicious of her wicked intentions for property. She quit her job in Feb’13 and asked me to take her to her parents in Delhi in Mar’13 and I did so. Every month I used to transfer Rs 15K in her bank account. The baby was born in Jun’13 and I paid for all the expenses. She stayed in Delhi till Nov’13 while I was in B’lore and in this span she fought with me regularly on phone on the property matter. Whenever I went to their home in Delhi to meet her, she, her brother and her mother used to fight with me and insult me. I somehow convinced her to come to B’lore and brought her and the baby to Bangalore in Nov’13. I did whatever I could to support her and make the relationship work including taking care of the baby, bathing him, making him sleep, appointed a cook so that my wife does not have to cook, started doing office work from home so I am available if there is an emergency etc. But she picked up a fight with me again in Jan’14 over the property matter and left for Delhi with the baby. There was no communication between me and her after that. Now she has filed a Domestic Violence complaint against me and my family. I wanted to know:
a) How can I defend myself from this false complaint?
b) How crucial is the fact that I had promised to buy a property in her name but could not do it (because of genuine reasons) and how gravely can it be used against me?
c) Can any heated arguments between me and my wife (while she lived with me) be considered as DV?
d) I have been called to the police station by the Women Cell officer – what should be my stand in front of them
e) Can the proofs like her side lying about her qualification and family status and the photographs of the injuries I received back in 2010 be used against her?
Dr J C Vashista
(Expert) 21 June 2014
Be precise in your post.
You have handsome income and can very well afford therefore, engage a local lawyer to defend you properly.
ajay sethi
(Expert) 21 June 2014
1)be brief in your queries . none of us have time to go through long elaborate queries .
2) you have to fight DV case on merits
3) you are not bound to purchase property in your wife name . in fact days are gone when husband s used to purchase property in wife name .
4) arguments between couple are normal .
5) in your statement before women cell you should mention that you want to stay with your wife and baby . you love them a lot
R.K Nanda
(Expert) 21 June 2014
query too long to reply.
Rajendra K Goyal
(Expert) 21 June 2014
Consult a local lawyer. Defend the cases against you.
malipeddi jaggarao
(Expert) 21 June 2014
a) Engage a local lawyer and explain the things as explained in the query. He will defend your case.
b) Promising to buy property and could not buy is a matter of no relevance.
c) Arguments are common - the present situation is emanated from such arguments. Even if they record the arguments, it can not be presented one sided. Not of serious nature unless you abuse or threaten your wife or her parents/relatives in such arguments.
d)You can narrate the same story to the police and say no fault of you, you are suffering.
e) qualification, family status and photos of injury - all have no relevance at this point of time. If they photos contain full evidence of causing injury by her/her parents/her relatives, they may be of some use.
My final advice is to ignore her for some time. Do not show much concern either for her or for her actions. Call on her briefly at long intervals to inquiry about your son and do not prolong discussion except about the boy. She may understand that you are caring father and thereby you can expect some change in her attitude.
prabhakar singh
(Expert) 21 June 2014
False or true,once a case is filed,the way is to contest it and to prove it false.
Devajyoti Barman
(Expert) 21 June 2014
Singhji, you are not visible these days ..I hope your are doing well.
ajay sethi
(Expert) 21 June 2014
great to see you back prabhakar singhji
Dr J C Vashista
(Expert) 22 June 2014
I was missing you, Parbhakar Singh ji.
T. Kalaiselvan, Advocate
(Expert) 23 June 2014
Query repeated, I have given my opinion to your previous thread where you have posted the same query.
