Dear Expert,
After 3 years of willfull separation by my harami & licchad wife, she has filed false Domestic Violence on me and my family members including 4 ladies (Mother & 3 married Sisters 10, 12 & 15 years back from my marriage) in last December, 2013.
Prior to this false DV case, her maintenance application under section 125 Cr. PC got rejected by the Hon. Family Court based on her own self desertion and she has neither been tortured nor been harassed nor been abandoned by neither her husband nor any of husband’s family members and instructed for Rs. 500/- penalty for such false case.
Further to her false DV case, u/s 12, she has stated that she used to stay in joint family, she has been abandoned by me & my family members, we used to tortured her, we have sealed her so called “shtridhan”, physically tortured her, we have stalled her jewelry items, I have 1,20,000/- per month income, working in multinational company, I have my own two houses, I have my own two types of four wheelers, she is ABLA NARI, she does not have any source of income, asked for 50,000/- u/s 20, arrangement of rented accommodation u/s 19 with light bill, maintenance expenses, Rs. 15,00,000/- u/s 22 and 45,000/- u/s 23, etc…all the false allegations she has stated in her application.
We have filled our reply against her false DV case and urged to delete the names of my mother & sisters from this case.
One more thing, she is master degree holder and she used to work prior to get married.
I would request expert to advise / guide me on below queries please.
1. How would I sue her & her parents for all these false cases?
2. Will this false DV Case be maintainable by looking time period / frame?
3. Is there any time limit for filing DV Case for her?
4. Filing false cases of 125 Cr. PC & DV Case are the solid ground of cruelty on husband & husband’s family along with her own/self Desertion for filing Divorce Case?
5. Should I immediately file Divorce Case based on desertion & cruelty?
Please guide.
Sitan