Will it be considered as “desertion by wife?”

Querist : Anonymous (Querist) 16 December 2011 This query is : Resolved
1. Two and half year ago my wife deserted me after lodging an absolutely false non-cognizable (NC) case against me in nearest police station and went along with her parent taking her all belongings and her son.

2. She did not press the case in the court of law because she knew very well that she had lodged false NC against me.

3. After several attempts by me she didn’t turn up to join me.

4. She even refused to join me on my request through “Telegram”.

5. Subsequently after six month of desertion, she and her parents commissioned a conspired criminal offence, the process has bee issued in this matter against them in the concerned court of law.

6. She along with her father has also hatched some criminal conspiracy against me and also attempt to commission the conspired criminal offence. In this regards the concerned metropolitan magistrate (MM) has ordered the Sr. Police Inspector of the concerned police station to “Verify the facts and do the needful” on the ‘incriminating materials’ placed before the MM by me.

7. Consequently wife has lodged false 498-A and maintenance case against me.

My query:-

1. Will desertion by my wife ‘two and half years ago’ and taking into account of her refusal to join me and subsequently commission of criminal offenses amounts to “Desertion by wife in connection with the maintenance case”?

2. What are the evidences will be required to prove if it amounts”Desertion by wife”?

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Querist : Anonymous (Querist) 16 December 2011
Moderator may kindly delete this link because this repetition aroused due to some technical error during posting of queries.

I am extremely sorry for that!

V R SHROFF (Expert) 18 December 2011
File RCR
Once Police Complaint exsits, it s not desertion.
If after RCS allowed, she don't come, you can prove desertion.

Querist : Anonymous (Querist) 18 December 2011
@ SHROFF

Is it advisable to file RCR when wife has already commissioned ‘conspired criminal offence’ twice and subsequently a 498-A and maint. case.

Police complaint was a absolutely false non-cognizable offence and police has no power to investigate that. The complainant also didn’t approach the court for order to investigate as they knew that it is false and not sustainable. In fact they registered this false complaint for the purpose to blackmail the victim. When they failed to blackmail the victim consequently they commissioned conspired criminal offence twice.

Shonee Kapoor (Expert) 18 December 2011
No it is not advisable to file RCR at this belated stage. In fact I don't suggest filing of RCR unless you really want to live with her.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 19 December 2011
Will it be safe to live with a cruel and criminal minded lady?

Shonee Kapoor (Expert) 20 December 2011
No it won't be that is why don't file RCR.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 21 December 2011
By filing RCR, I don't mean to live with her, It is only to defeat her purpose of proving desertion.

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