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Abhishek (Manager)     08 February 2014

False dv case filled by wife

I belong to a middle class family. My Parents resides at Native place kanpur and I at Mumbai. My family is dependent on Me. I got married in June 2012 and my wife left the house in Aug 2013. we use to live at Mumbai. Initially she was demanding of 10Lacs and every month fix amount which I refused and now she filled DV cas against me demanding 50Lacs and 25000 per month.

She did her schooling from Jharkhand (parents reside there) and PG from Nagpur. she worked for 2yrs in Bangalore and now she has filled DV from Bangalore only as her elder sis is there.

I want to know whether she can file case from Bangalore under section 18, 19(1) (f), section 22 & section 19(8).

I did NC immediately after I come to know that she left the house as I was out of city when the incident happend. she has filled complain at bangalore only.



Learning

 9 Replies


(Guest)

Yes, She can file DV case in Bangalore as per Sec. 27 (a) of DV Act.

Laxmi Kant Joshi (Advocate )     08 February 2014

What sort of allegation she imposed on you in her dv petition ? refused them and prove your innocence that the charges she made on you are all false , she is harassing you by misusing the law , collect proof of her working before marriage , also keep proof with you that her parents resides in jharkhand (address); she had asked the relief u/s 18 i.e protection order ? , 2. U/s 19(1)(f) i.e. alternate accommodation or to pay rent for same ,u/s19(8)returnof stridhan ,u/s22 i.e for compensation, fight your case on their merits , be agree on sec.18 , she can not file dv case from banglore as her residence is in jharkhand oppose this and prove it by producing hers parents address of jharkhand , oppose sec.22 as she had left the house on her own wish and you didn' t done any torture to her , if magistrate give order to return her stridhan then return her but in the presence of police and in presence of at least two witnesses and take a receipt of it duly sign. by her , io police and the witnesses .
1 Like

Laxmi Kant Joshi (Advocate )     08 February 2014

What sort of allegation she imposed on you in her dv petition ? refused them and prove your innocence that the charges she made on you are all false , she is harassing you by misusing the law , collect proof of her working before marriage , also keep proof with you that her parents resides in jharkhand (address); she had asked the relief u/s 18 i.e protection order ? , 2. U/s 19(1)(f) i.e. alternate accommodation or to pay rent for same ,u/s19(8)returnof stridhan ,u/s22 i.e for compensation, fight your case on their merits , be agree on sec.18 , she can not file dv case from banglore as her residence is in jharkhand oppose this and prove it by producing hers parents address of jharkhand , oppose sec.22 as she had left the house on her own wish and you didn' t done any torture to her , if magistrate give order to return her stridhan then return her but in the presence of police and in presence of at least two witnesses and take a receipt of it duly sign. by her , io police and the witnesses .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 February 2014

Dear Querist

read the below section

27. Jurisdiction.-

(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which-
(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
(2) Any order made under this Act shall be enforceable throughout India.

T. Kalaiselvan, Advocate (Advocate)     08 February 2014

Well advised by the experts, I agree with their opinions on the subject issue.

ANAMIKA VICHARE (LAWYER)     01 March 2014

It is better that you now file Divorce Petitiion on the basis false allegations made in DV, in the Court of Jurisdiction where the marriage took place, yr last residence..other tha Bangalore

contest DV case...If she is working, she is not going to get any maintnance /rent...etc forget abt permanent alimony, no contribution for the marriage fight on merits yo hv strong case

 

Anamika Vichare

Purush Hakka Saurakshan Samittee

 

anamika_vichare@rediffmail.com

send email for further queries as I dont longin frequently

Abhishek (Manager)     26 April 2014

Dear joshi, As I mentioned earlier, I was out of city when she left the house.She took all jewellary worth 2.5lacs and all the things that she can carry in 8bags as witnessed by neighbours. I dont have anything left now so called stridhan.i have mentioned this in my NC also . She was working before marriage and she worked after marriage also. She was earning 10000 per month. As my salary is 47000 she has asked for maintenance of 25000 per month. Now she is not working. U can now understand why. She alleged that I physically harmed and mentally torchered her.i use to kick her, ask for dowry of 5lacs just after marriage. She has also mentioned that I am suffering from cancer and did not informed her before marriage. (I have no ailments). She has also mentioned that I use to lock her before going to office and not allow her to talk to her parents

Abhishek (Manager)     26 April 2014

Dear anamika, I have filled Restitution at mumbai. But she did not turn up in first appearance. I have all the proofs audio recording where she has clearly said to her sis that with her this attitude, she will not be happy aftr 11 marriage also. I have pics where she bruised my hand. I tried my best to save this marriage but she was not co operating and she used the same words tht I was not co operating with her in DV. In one year of marriage she was with me only 4months. Rest eithee with her parents and sis. My job is at stake as everytime I have to take leave from company to attend the case in banglore. I get my dates in every 25 days. I am very much tensed. Company has asked me to put resignation this month as I skiped one important meeting due to case.Dont knw wht to do.sometimes I feel depressed

Abhishek (Manager)     26 April 2014

My case is in Metropolitian court. Cause of action arised at mumbai then how she can file case there. Wht is the meaning of temporary residence according to indian law? She is not doing job also. I am sure she has no govt proof of residence for bangalore. Also she has directly approached the court without any protection officer. She has mentioned that she has loged FIR but till date after 9 months also I have not recieved any FIR copy and call from any police station. When I filled just a NC then my area police station tried to call her several times.

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