My wife put flase criminal case of domestic violence against my entire family
Abhishek Dutta
(Querist) 22 May 2013
This query is : Resolved
My name is X , of Kolkata. I got married to a girl from nasik, same cast and both bengali.
The social marriage was commenced at kolkata on Jan 16th, 2011 from her uncle's house. After that As I worked in Bombay I came to bombay and searched a home,
after 1.5 months my mother and wife came to me and we stayed in a flat at mira road mumbai, my mom left for kolkata after 15 more days.
Since then I have been facing severe issues and hardships because of which I am unable to continue living together with my wife. I tried to solve our issues by discussing with her,my father in law,mutual friends. but none were usefull.We had many fights, almost every weekend friday to sunday there was horrible senarious at my home. When she was beyond control. My father in law came to mumbai and took her with him. Stayed seperate for almost 6 months July 2012 to December 2012, thinking distance might help her realize our marriage importance, and change her behaviour towards me. Finaly on December 16th, 2012 brought her back to mumbai giving her a second chance, so that we can live a healthy life. But I failed again the rage,anger,asumptions in herself ruined our relationship and trust.I even did not come home from office for two days to make her realize, but she took it in a negetive way and highlighted it as my neglegence.
In full depression and fear I filed a divorce case in kolkata on May 28th, 2012. My wife was threatning me like hell for which I filed ( proof our conversation recorded)
Current Senario:
Currently she is staying in Nasik, along with her parents. I stay in Pune now and working with a different company.We are separated for more than 1 year. She approached me 2-3 times in last 2-3 months, even her dad to approached, to reunite again. But I have her fearfull image in my heart and decided not to start together.
When she got negetive response she filed two different case in last 3 months. One is Section 9 restitution of conjugal right. Other one is Criminal case of Domestic violence against my entire family. Also in the name of my sister who never stayed with us, as she studied in Tamil nadu and later got a job in mumbai.She is putting false aligations about my family.
Although, I have lived with this torture for a year and after going through innumerous difficulties with her, I have initiated a divorce petition. Can the experts here shed light on these questions?
- Since mental harassment and cruelty is on rise, what is the success level or percentage that I might get a divorce?
- As she filed false Criminal case of Domestic Violence after almost 7 months after I putting the case, How can I safeguard myself, my parents and sister?
ajay sethi
(Expert) 22 May 2013
you have to prove allegations of cruelty . since your wife does not want to divorce you it will be an uphill task .
as far as your sister is concerned you should highlight the fact that your sister has never stayed with you during your married life .
file detailed reply to allegations of DV
fight case on merits
V R SHROFF
(Expert) 22 May 2013
Defend DV ACT
Sister will be exempted from appearance.
Raj Kumar Makkad
(Expert) 22 May 2013
Your sister do not come within the definition of respondent as defined in DV Act so she can move an application to dismiss the application filed against us and all of you shall have to defend the application vigorously and effectively with the help of your lawyer.
