wife and her father trying to file false complaint
Jehpatel
(Querist) 07 November 2009
This query is : Resolved
My wife is trying to file false complaint against me and my family, we never had intercourses since 5 years of the marriage under some pretext she use to avoid for sex when she was staying with me for 2 years( iam marketing manager due which i need to go outstation most of the time living her with my parents, as our company was young i was doing more fequent trip so never took it serious),she has left the house last 3 years back never tried to communicate with me or my family,her father had convenced us that she will come back , after waiting for 5 years we had filed a case on annulment and nullity of marriage in our local family court, case is under process
now the girl and her father wants to file false complaint against us
1. A case under Section 125 of Cr.P.C. for maintenance.
2. "Protection of women from domestic violence Act".
3. A case for restoration of conjugal rights,
What are the reamdy for husband and why RCR is called as double edged weapon for girl)
how can i protect my family
can you please help me out do i need to take some precautions before they file the case\
please help me urgent
adv. rajeev ( rajoo )
(Expert) 07 November 2009
sec 125 of cr.p.c. and DV act are weapon to the wives,eventhough the fault of them they use these acts.
Whether she has appeared in the case filed by you? If she has appeared what is her contention it is to be known.
RCR is filed by ur wife. It seems that she is ready to come with you. Eventhouhg it is decreed it is non execuatable order dnt., worry.
U cannot take any precautionary measures before filing the case by ur wife.
Raj Kumar Makkad
(Expert) 07 November 2009
The marriage between u and your wife is a proved matter so she is entitled for the grant of maintenance allowance legally and you cannot treat as a false case. Domestic Violence Act application should be fought vigorously in the light of facts submitted by you. RCR petition can also be filed but you come to whole story and facts especially refusal by her to have any sex relation with you. If your cases are handled effectively, she will have to lose the ground.
Jehpatel
(Querist) 07 November 2009
Thank you for response Mr Raj Kumar
can tell us what kind of maintains she can claim and how long the maintains would be paid to her
Jehpatel
(Querist) 07 November 2009
Thanks Rajeev,
CAn you let more about DV act and RCR
recently we got now through her relative that she and her father won't trouble us , get more compensation, they dont have any intension of get back. it a game which they are trying to play on us so that they can get more compensation can you tell us how much compensation can she get and what is the process to settle this in one shot
Jehpatel
(Querist) 09 November 2009
What exactly she can do by filing DVA ? how can we get out it? can we cross file a complaint against her and her father ?
if at all she file a false complaint , what are the complaint can we file against her and her father as they ha threaten us multiple times. can we filing case against her father , who is B-class govt servant employee.
