Fight against false dv complaint on the basis of allegations of illicit relations
Paras Singh
(Querist) 19 July 2014
This query is : Resolved
Fight against False DV complaint on the basis of allegations of illicit relations
I, PARAS SINGH residence at Nagpur hereby giving detail information that. I had married with SARITA on dated 15/05/2011 as per Hindu custom and rites. SARITA came to my home along with her aunty & cousin on dated 15.05.2013. They stayed at my home at Nagpur to perform custom & rites upto 18.05.2013. Then on 19.05.2013 all the family members went for pilgrim tour to perform puja We return back on 23.05.2013. at the very next day on 24.5.2013, Me & My wife went to Jodhpur, where I was doing private job & residing since last 8 years .
Before marriage my wife sarita is studying in Private collage doing MCM, part I,After marriage the result of MCM Part I was declared and My wife declared failed in some subject. She always use to pressurize about continuing the education.She called her real brother to jodhpur for Rakhi festival on dated 10.08.2011.After rakhi festival she returned back to her home Amravati directly on 14.08.2011 with her own willings & she continued to stay there ,attended the collage of MCM II year for one year upto June 2013. During this period she had attended the winter 2011 & summer 2012 exam of MCM first year & second year also.
Then I had visited to Amravati to fetch My wife in the month of june 2012 and both went to Jodhpur. After some days the results were declared, in which she had failed in some subjects of MCM II year & she again wants to continue her education & she filled the examination form of II year. She used to put quarrel all the time & stopped cooking food. During the month of September & October 2012 .I had to take food from Staff Canteen Mess. She always use to put quarrel with me by saying that “I am blackish & doesn’t want to marry me”. She doesn’t want to stay with me . On 30 th October she when she tried to assault me. I called her parents along with my elder brother to solve the matter. During meeting she said that she doesn’t want to stay with me & she want to continue her education. After hearing all the matter all the peoples decided that if she wants to complete her education she will attend the final year exam in December 2012 & she will return back to Nagpur & then to Jodhpur after attending her cousin brothers marriage which will be held on 1.01.2013.
I had done train reservations on dated 10.11.2012 & We both return to Nagpur for Diwali festival. After Diwali festival her Father visited our home in Nagpur to fetch her back to attend the MCM II year examinationon dated 18.11.2012. I return to Jodhpur on dated 18.11.2012. After Completing the examination She visited to Nagpur on 20.12.2012 & again she called her father to fetch her to attend her cousins weeding. Her father came & get her back on 25.12.2012.
While returning she take all her belongings along with her ornaments & my golden bracelet with her by saying that she need it for her brother & she will take it back while returning to Jodhpur
I had also called her on 24.12.2013 for conveying birthday wishes & asking her for return reservation confirmation. She replied that after attending the cousins marriage she will be back to Nagpur on 7.01.2013 to attend the Bhagwat katha utsav & then will confirm regarding the ticket confirmation. My family members celebrated her birthday with great joy without having notice of her cruel intensions.
After that she stopped receiving calls from my side.She never return back after that day. When she doesn’t return for Bhagwat katha utsav my parents called her but she & her parents refused to send her back.
I came to know that she had appeared for winter 2013 examination .So I think that she will return back after completing her examination. She stayed with her parents during this period , she never contacted me or to my parents during the above said period.
On 22.05.2013 she send a registered letter to me by putting false allegations on me. My elder brother contacted her father to ask about the matter , but he bluntly refuse to answer & said that My daughter will not stay with me & threat him that he will humiliate the family in court.
After this She sent me legal notice & filled an Complaint under Domestic Violance act in October 2013 involving My Father, Mother, Elder Brother, Younger Brother & Sister Who lived at Nagpur. And against one girl who is residence of Jodhpur & she is daughter of One of College , she is like little sister to me.
In this complaint she filled false complaint that;
1. I had having an illicit relation with the girl & we were living in Live in relationship at Jodhpur.
2. I had deliberately send her to her native place against her will.
3. I use to beat her mercilessly & abuse her.
4. The girl also use to beat her.
5. My parents were use to treat her like servant & beat her.
6. She was thrown out of house after Diwali in Nov. 2012.
7. I had taken all of her gold ornaments & belongings before sending her to home.
8. She demanded 30 lac rupees as compensation & Monthly Maintenance of 30,000 rupees alongwith shelter & other expenses.
Since I am working in Rajasthan & case was filled in Maharashtra , I had appointed a lawyer. The case was continued; meantime she filled for Interim Maintenance of Rs. 30000. As I am having Monthly salary of Rs.34000 & in hand salary of 14000 I submitted my salary slip to JMFC court, The court had passed interim Maintenance of Rs 5000 Per month to her.
As I am getting 14000 per month & my Father, Mother, Were dependent upon me & I had to attend the case every month I need to travel from Jodhpur to Amravati every month, It is not possible for me to pay Rs 5000 per month so I filled an case for stay against maintenance order in District court in March 2014.
Now My wife & her Lawyer were deliberately delaying the Case in District court.
In JMFC court , she said in her affidavit that When she came to reside with me at Jodhpur , The Girl was also staying with me & We three were living under one roof.
She still claims that I am still living with that girl in my house.
Where the fact is,
1. That girl was tying me Rakhi since last ten years & we were having photos of Rakhi function with her family.
2. That girl was married in February 2012 & we had submitted her marriage card to Court.
3. Now that girl is living with her husband since last 2 years at different place.
4. Her father is living in same township where we are working.
5. She was never given any bad treatment , nor she had complaint anything during her stay.
6. We got married in May 2011 & she left my house at Nagpur in Nov. 2012. That means During period of 18 Months , She stayed with me at jodhpur for 6 months , My family at Nagpur for 15 days & rest 11 months at her Fathers house with her own willing, & still she filed an DV case.
7. Now I had filled a Divorse application against her in Family Court Nagpur, Where During Mediation she says that she wants to stay with me but she is not ready to withdraw false allegations & Domestic Violence case which is running at JMFC court.
8. She still wants Rs. 30 lacs as compensation.
9. She wants to fetch that innocent girl to court, Which will badly affect her married life.
10. As I have to travel 3000 Kms To & Fro every 20 days to Fight cases in three different court, [JMFC court, District Court & Family Court].I was totally broken emotionally, mentally, physically,socially. I am totally exhausted. I had to take leave which were unpaid & I am getting salary of Rs 8000. Per month only.
Please provide me right solution & citation to fight against such false, greedy, and inhuman peoples.
ajay sethi
(Expert) 19 July 2014
please summarise your query in 2 short paras
Rajendra K Goyal
(Expert) 19 July 2014
Consult local lawyer and show him case file.
You have to fight the cases on merit.
Citation not provided in this section.
Raj Kumar Makkad
(Expert) 19 July 2014
This is your repeated query hence no more to reply.
Paras Singh
(Querist) 28 July 2014
Can i get case reference of Jalpaben Padsala case in the Court of Honorable Justice Devani in the High Court of rajkot in year 2012-13
Raj Kumar Makkad
(Expert) 28 July 2014
We do not provide judgments here so no use.
jeshma mohandas
(Expert) 29 August 2014
She has alleged adultery against you you can disprove the same with proof and witnesses. Since for few time she lived with her parents you can prove the same with her neighbours or any witness from your side.tell her you are ready to take her but she must withdraw the case.you can file a petition to quash the same in the high court on proofs
ajay sethi
(Expert) 29 August 2014
search in indian kaanoon.com for judgements
