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indrajeet (penal lawyer)     27 December 2013

Domestic violence

hi friends,
i married in april 2007.in the year of 2008 we blessed with a baby girl.i paid all expenses even delevery was been in her parentel town allahabad.She frequently kept on going to her parental house in Allahabad. In July 2009 we made a grand celebration in Gwalior where his parents also participated.
 and after one week she went back to his parents house and deny to came back to my house continuously every month I went Allahabad to take her back but she refused finally she said if you came Allahabad on my parental town then only I will stay with you I have to left my job from Gwalior and somehow manage job at Allahabad and had to left my old age parents at Gwalior.
 I shifted at Allahabad and arranged all basic things like house and furniture and all basic things. And on April 2010 I shifted to Allahabad. Even during that period on dec 2009 she started her own beauty parlor at Allahabad. After that again she started cruelty on me in so many ways at Allahabad  and on nov 2011 she file one complain in police station on false ground. even her brother fight with me I also register counter complaint on it. after investigation we both party met to police and shorted out matter. And on Feb. 2012 I left Allahabad  for 6-7 month through mediator we tried to short out but finally they asked 9 lacks rupees which we were unable to pay.
 I filed section 9 HMA on nov 2012. On 1 month she filled domestic violence case against me and my 3 brother are residing in Mumbai since last 5 years and my parents suggest what is the way forward to fight against this false cases. 



Learning

 3 Replies

fighting back (exec)     28 December 2013

are you a sadhu or what? first you say she filed a complaint against you? and then you file section *9, doesnt this contradict your own claims. why would anyone want to live with someone who has harrassed him or her to a untolerable extent.. this section9 will boomerang on you

T. Kalaiselvan, Advocate (Advocate)     28 December 2013

In UP there is no AB hence on the basis of your RCR and other mediation sessions, you can file a petition for not to arrest and contest the DV case.  It can be proved very easily that she has filed false case against you and your brothers etc,but for that you have to contest, please consult a local lawyer and proceed as per his advise, in the mean time do not withdraw the RCR case, let it go on simultaneously for the reason to show to the court that you are still willing to live with an amicable and happy married life.

Reformist !!! (Other)     31 December 2013

Mr.Kalaiselvan has advised you very well.

Fight your case on merits and join your local SIF meetings immidiately. Do not panic and withdraw Sec9 as this is not a fruitful case, your statement is contradicting tha tshe and you both filed cases on each other and then u filed Sec9.

Sec9 will not help u.


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