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Mahi (none)     26 June 2014

False alligations by wife

Hello Sir/Madam,

I want some expert advice......I stay in Mumbai and married since last 2 1/2 years and recently my wife has filed a petition for divorce in Bandra Family court. In her petition she has put many false aligation on me and my family ie. forced to abort the child when she was pregnant and domestic violence etc..... My question is that what all allegation she has put on me does she have to prove with evidence in the family court or else being a woman she will be in favor for the divorce?

Before i have registered one complaint in my local police station against her because of her continuoes threatining that she will commit suicide. Will this complaint in any kind helpful for me in future court proceedings? Also she has demanded a huge ailigmoney. As i am a middle class working guy, i am not financially strong enough to pay her huge amount :(  .... 

please help me with your experts advice..



Learning

 8 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     26 June 2014

She has to prove all of her allegation. It is her responsibility.

 It is good that you have lodged a complaint earlier. But is the complaint is FIR in nature? Whether police have investigated on this?

 

I suggest you to lodge another FIR with your entire points with all support documentary evidences that you have against her so that police can start investigation on this.

 

You can file a petition u/s 91 CrPC to ask her submit the evidences as per Indian Evidence Act 1872 in support of her allegation in the same court.

 

You can file Perjury against her u/s 340 CrPC read with 195 CrPC against her for filing false, fabricated petition in the same court.

 

You should go for speedy trial else the case will go for lifelong even after your life :-)

 

To get order of speedy trial you should appear in-person(Without Advocate) in the High Court.

 

All sample petitions of Speedy Trial, Perjury, Citations and other clues are available on the link bellow: -

 

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp

 

 

Good Luck!

1 Like

sandykrish (Interested in Family LAW)     26 June 2014

By the way what do you need. Would you want to save this marriage or ready for divorce?

1 Like

Mahi (none)     26 June 2014

Thanks a Lot Mr.Shatyaprakash Bani (Sir) for your reply.......

I have just lodge a Non-Cognizable offence complaint (under Section 155Cr. Pc). After that the police called my wife on Phone and told my wife about the same as my wife refused to come to Police station. The police person who registered my complaint called my wife from my mobile and warned her, after which the dispute was solved amicably.

My one more question to you sir..... I am a middle-class working person. Just 2 months back i got a new job and working on probation. my salary is around 25,000/- per month, my wife has demanded Rs. 15lacs by way of permanent alimony and Rs.5,000/- p.m for herself and Rs.5,00/- p.m for our child as maintenance amount. As i am not financially strong nor i have any kind of property in my name to give her this huge amount so is there any way? or at last around how much permanent alimony and monthly maintenance amount i have to give to my wife? Just tell me some close figure.

Before my wife was also working but currently as we are seperated from last 1 year i dont know her current status of Job. But she is qualified enough to do the Job.

Please help me with your expert advice Sir.

waiting for your reply :)

Mahi (none)     26 June 2014

Mr.sandykrish (Sir)

I am not Financially strong enough to give her divorce. Also i have tried a lot to save our marriage but of no use. But in court i am stick to my decision that i am ready to take my wife home with my child only if she is willing to stay happily with me and my family

Mahi (none)     26 June 2014

I had made one mistake that after our seperation i was very much depressed also our 3 months old baby, my wife took away with her. in between period i send her messages of like give me divorce and pleaded her to give back my child as i cannot live without him but very next day i messaged her sorry for that divorce message and told her that i cannot give her divorce also as i am financially not strong. But later many times i mailed her and messaged her to come back and stay with me happily but my efforts all gone in vain :(

So can my wife will be granted divorce on this message ground? rather than this she has no other proof of alligation she has lieved upon me ie. forced to abort the child when she was pregnant and domestic violence etc.... because nothing such was done by me.
So can i be found guilty on above case?

Please advise................

sandykrish (Interested in Family LAW)     26 June 2014

If she unable to prove her allegations then cruelty will be on her part then you cant demand divorce. Her petition will be dismissed, then what is the point you will be at one corner and she will be in one corner.

At the end of the day court will also suggest you guys to part away if there is a point where court feels that nothing will happen. But you have all right to deny this.

Your financial capabilities will be assessed by the court by all the ways you don't have to worry. Buddy what is the point if you cant live her nor she is not interested.

Try to introspect and part ways peacefully. This is my suggestion after going through the pain. Call me on my number if you need any legal guidance.

Regards,

1 Like

Laxmi Kant Joshi (Advocate )     26 June 2014

Mahi , fight the contested divorce no need to give her a single penny, let her prove the allegation before the court , she can not prove it , as per to you she is claiming 15 lacs as alimony if you have this proof keep with you, and move an application in the court and exhibit it before the court and show her malafide intention to extort money from you by misusing the law , exhibit your NCR copy before The court and show her character that what sort of cruelty she is doing upon you by threatening you to commit suicide, she seems to be suicidal tendencies by nature these all points give strengthen to your case , exhibit her qualification and previous job record before the court and convince The court that she is educated and capable for her maintenance, therefore she may not be granted any maintenance, but you have to give maintenance for your child , don't worry there should be no impact of your sms on your case .
1 Like

Mahi (none)     27 June 2014

Thanks a Lot Laxmi kant Joshi (Sir) and other members for guiding me with your advices. Your advices really helped me lot to lessen the burden from my mind. Feeling a lot relaxed now :-D

Hope so Truth wins and the Right Justice will be done.

 

Thank you All


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