LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Paras   21 October 2015

Domestic violence & 498 a, and 125

Hi,

I have been married last year on 8th Jan (through Arya Samaj Procedures), registered wedding in Dehradun on 9th jan 2014, my wife stayed with her family till 7th Mar2014,

my inlaws have thrown a big function in their home town after a month on 19th Feb 2014 nd didnot invite us and we have done a big gathering in our hometown with the girl and inviting every one,

 After marrige on 8th Mar 14, my wife shifted with me to Dubai and since than she has lived in dubai. In between she has travelled to India and 4 times and gradually become very reluctant to live with me in Dubai. Pointing on very small reasons and saying at the end that she is not able to love and that why she do not find any point continuing this marrige. It was on her last trip to dubai, when she stayed for 2 weeks after coning form India. I have never asked a single penny and have never ever physically hurt or even touch her with such intentions. In between my parents have also come up to live with us and we all went for a long holiday in duabi together, lot of happy moment piks i have. After she left from Dubai, she directly went to her place and after a month have filed this suit. In between i have sent her many emails, asking her to come back and called her (on phone, but no call records) and sent 1 or 2 letters as well, she has never responded.

My inlaws have filed a fake suit one and my family under Domestic Violence & 498a. Saying that we have troubled her and beaten her. And they are after us to give big fat money.

NOTE - FIR IS STILL NOT LODGED. IT IS IN SSP OFFICE. COURT CASE FOR DV & 125 has been filed, but we have taken dates so far. We want to 1st understand the complaint they have filed in SSP office.

My 1st Question - 

My wife has filed a suit under Domestic violence, asking her to give separate space in my paternal house and lot of money every month for her treatment and bla bla...

If my parents give concent in court, and allows her to live in our, is it a wise choice?? What can be the after effects of this, which can be a suffering for us?

 

My 2nd Question

I have many proofs that she left in healthy and hearty condition from Dubai. Is it advisable to sow proofs in very 1st submission or wait fro them to write something stupid and use.

 

My 3rd question

How early they can give my name in look out list at the international airport and how can i avoid this. Can this be done after initial FIR or the court can only order for this?

 

Mr 4th Question

is there a way to not let the case convert from SSP office itself. stop it in converting to a FIR.

My 5th Question

My father is a senior citizen 60 years, and mother is around 56, can they get some relief due to their age,

 



Learning

 2 Replies

Anil Upadhyay (Lawyer)     21 October 2015

Prepare yourself for litigation or move for amicable settlement. Age doesn't matters in cases and she has no right in parental property, if it is self earned.

You should proceed in this matter and you can get remedy from court only.

Thanks

Nitish Banka (lawyer)     22 October 2015

Dear sir,

iF YOU HAVE GOOD AMOUNT OF EVIDENCE THEN PRESS ON FIGHTING, SETTLE ON YOUR TERMS ONLY

Nitish Banka

9891549997

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register