Fight against false dv case based on false allegation of illicit relationship
Paras Singh
(Querist) 19 July 2014
This query is : Resolved
I am native of Nagpur[Maharashtra] & i am working at Jodhpur [ Rajasthan] since last 10 years.
I got married to a girl in May 2011, She stayed with me at jodhpur for 2 months ,then she went to her native place[Maternal]in August 2011 & stayed there for 1 year for completing her education. Then I fetch her back in June 2012 , she stayed with me for 7 months & went back to her native place[Maternal] to attend her cousins weeding in December 2012.
After that she never come back.
She filled an DV case against me as well as my family members in October 2013 in JMFC court.
The JMFC court passed imterim maintenance order of Rs 5000 pm. I had filled application in District court for stay order & Now as i am paying her Maintenance , I had filled Divorse application in family court.
She had levelled false alligation of illiit relation of me with one of my colleges daughter who got married in Feb 2013.
She said in her affidavit that I was in Live in relationship with her & she had shared my house with both of us during her stay at pali. She doesnt provide any proof relating to live in relation ship of physical or mental harrasment. Now i have to travel 1500 kms to & fro eevery 20 days to attend the Trial in JMFC, Distric Court & family Court.
During 3 years of period, she stayed with me at Jodhpur for 8 months, At Nagpur at my native place for 1 month & rest of the period at her native place[ Maternal]
Please provide me guidelines to come over these false case.
ajay sethi
(Expert) 19 July 2014
your wife has to prove false allegations made by her in complaint in Dv case . you can get divorce on grounds of cruelty if allegations made by your wife are found to be false and baseless .
contested divorce cases take over 5 years to be disposed of . contest DV case on merits
Devajyoti Barman
(Expert) 19 July 2014
You can try to transfer the case through supreme court.
Raj Kumar Makkad
(Expert) 19 July 2014
There is no remedy of transfer of the cases at your place rather try to minimise your visits. You are not required to attend DV Act case and Family Court case personally. You can also try to get permanent exemption in Criminal case under section 205 of criminal procedure code or may move such application occasionally.
Paras Singh
(Querist) 21 July 2014
Thanks sir, for all your valuable replies.
She is deliberately trying to damage the life of that innocent girl whom she had alleged as my keep. She is presently living with her husband in other state & i had older photo graphs of Rakhi ceremony showing that she was tying the Rakhi to me. She & her lawyer was always asking the judge to bring that girl to court which could damage her married life. I had already submitted her marriage card to court.
I dont want to destroy the married life of that girl. What should i do?
I had also submitted the application for her discharge under section 2 q, but JMFC court had refused to do so. What should i do ?
Raj Kumar Makkad
(Expert) 21 July 2014
You can file a revision petition against the order of JMFC. You should have deep trust in your lawyer.
Raj Kumar Makkad
(Expert) 21 July 2014
You can file a revision petition against the order of JMFC. You should have deep trust in your lawyer.
Raj Kumar Makkad
(Expert) 21 July 2014
You can file a revision petition against the order of JMFC. You should have deep trust in your lawyer.
Paras Singh
(Querist) 24 July 2014
Thanks for the reply sir,
My in-laws were trying to prepare some false evidances on affidavit showing that i was having an extra marital affair & living with my so called keep in past.
That innicent girl with whom my name was linked up was my rakhi sister & we are having very good family terms. At present she is living with her husband in U.P, These peoples had send an letter to her husbands address climing that she had an affair in past.They are contineously trying to destroy her married life. What should i do please reply.
What should i do
Raj Kumar Makkad
(Expert) 24 July 2014
Such allegations do come within the ambit of defamation and do require strict action criminal as well as civil.
Your sister, her husband and even you and even all 3 independently at the same time, can initiate legal action against your in-laws from 3 different places after issuing legal notice.
