False domestic violence case and extortion by wife family

Originally posted by : Vanshchaus
	Hello, (Used my user name as suggested by experts) My wife filed a DV case against me while I was in US. I visited India for a month and she was staying with her mother. She approached Women cell and filed a complaint. They called me and cross examined and found nothing has happened. She filed a DV case in court too. Women cell asked me to return her Stridhan which I did without any court orders. Women cell case is closed now. In court she has asked for maintenance(1 lakh 60 thousand per month) for herself and kid. She earns 1 lakh per month and I have her form 16 for last 5 years. I hope as she is earning no maintenance is applicable for her. I am ready to pay education expenses for my kid. But she is asking 20 lacs for kid too + 30K per month now and is agreeing to do it mutually and take case back. I recorded this conversation in phone also. Can I use this as a proof that she is asking money to take case back. Even she is asking for 18 lacs for her compensation. I have not spoken to my kid since then as she is demanding all money and then will allow me to meet/speak to kid. I have all this recordings with me. I am submitting my affidavit of income as per Kusum Sharma case and she is also filing. My salary is on higher side in USA. Will court order high interim even though she is earning and maintain herself. I am always ready to bear my kid expenses. And I am asking for rights to meet him and speak to him. She is not even allowing my parents to meet him and has taken protection orders now which I feel is blatant use of law. Please suggest.

Court will not allow any  maintenace to your wife, if you can prove that she is earning. You need to say in court that because she is earning she need to pay 50% of  child maintenance.

Don't bother abourt compensation amount of Rs 18 lac, for this she need to prove her allegations and calculation behind the claimed amount.

For child you need to file case of guardianship

Recently Delhi HC held that Every child has the fundamental right to get “love and affection” from both parents engaged in a marital discord

Read complete judgement:

https://drive.google.com/file/d/0BzXilfcxe7yuZU9oQUVjRTlyeWM/view

Thanks.

I have proofs of her income (Last 5 years IT returns and latest bank statements which shows her salary of Rs 1 lakh credited from organization every month).

She is saying 80K expenses per month for 5 years old kid which is baseless. 

I have audio recording of her asking me money to speak to my kid. Can I show that as proof in court?

Originally posted by : Vanshchaus
	Thanks.   I have proofs of her income (Last 5 years IT returns and latest bank statements which shows her salary of Rs 1 lakh credited from organization every month). She is saying 80K expenses per month for 5 years old kid which is baseless.  I have audio recording of her asking me money to speak to my kid. Can I show that as proof in court?

As you yourself stated that" I am submitting my affidavit of income as per Kusum Sharma case and she is also filing."

You should be aware that submitting the supporting documents along with the said affidavit is mandatory.

My lawyer said we will not give her ITR. Let her file low income and then we can counter. 

Anywys she has given her ban statements wen she filed DV case so she cannt back track now.

And on which stage can we produce the audio clips? As next date is for submitting the affidavit and I believe in susequent date, interim maintenance order will be passed.

When do we reach a stage when I can counter her allegations with proof and prove her wrong?

Originally posted by : Vanshchaus
	My lawyer said we will not give her ITR. Let her file low income and then we can counter.  Anywys she has given her ban statements wen she filed DV case so she cannt back track now. And on which stage can we produce the audio clips? As next date is for submitting the affidavit and I believe in susequent date, interim maintenance order will be passed. When do we reach a stage when I can counter her allegations with proof and prove her wrong?

First thing the court will decide is "interim maintenance."

Then she will file "Evidence by the way of affidavit."

Then you will "corss-examin" her 

Then your "defence evedence"

Then "final argunents".

Let your lawyer decide when to use the recordings available with you as he is the person who heard that.

Thanks a ton.

Hoping for the best...

Vanshul

Thank you.

I am ready to pay for kid but she is not allowing me to talk to him as she wants 38 lacs first. :)

I paid 20K per month without court orders also and she kept on returning the money and now she demanded 38 lacs + 30K for child per month and I go that conversation recorded as a proof. She even said you will not be able to see child if u dont pay money+ if grandparents are so anxious to meet kid, let them give birth to a kid or adopt.

I hope I can use this as recorded evidence as in call her mother and she has said the same stuff so I believe its a strong evidence for extortion.

Vanshul