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Senthil (backend)     31 August 2014

False dv case

Sir,

 

First of all I could like to thank each and every member of this club for spending their valuable time in answering the queries and clearing the doubts.

I have been looking for a suitable life partner , One day my dad got a phone call from my wifes father stating that he has a daughter and that he could not spend any thing for marriage, And that if  we  were interested to bare all the marriage  expenses, we can come to see their daughter. Since we had no demands marriage was fixed and I got married on 17.6.2007. After 1 month she went to her parents house for Aadi and stayed there for around for 2 months and was no sign of her returning to my house immediately. We spoke with their relations and After speaking to their relations their parents brought her to my house. My wife was very demanding by nature. She always obeyed to her mother. Listening to her mother’s words occasional small quarrels took place in my life. My wife had under weight problem. She used to get fever frequently and loved to be in dark room alone. One fine day she started quarrelling with me over food, couple of days before she was suffering from fever and and was liitle weak. We had a quarrel and went to bed next day morning she pretended to be sense less. I took her to the medical and the doctor told me that she was pretending and that I better show her to a physcatrist . I took to another hospital Duty doctor checked and order for Injection and saline. On hearing this my wife opened her eyes and asked and started crying not to give injection as she is afraid of taking injection.

I also gave a physcatric counselling. Since , the chief Physcartrist was not available and that he could come after 2 days. My wife was asked to come for checkup  after 2 days. Her parents came and took her away stating that they will keep her with them for 2 days and will send her back for treatment but they never turned back. While going they have taken all my wife’s jewellery along with my jewellery.  I used to speak to my wife over phone and i came to know that they were willing to send their daughter unless a separate house is arranged. I asked my wife to come so that we can search a house of our liking but she never turned up. After a couple of moths I filed a complaint in All Women’s Police Stating for asking my wife to come and stay with me. Even after complaint they never turned up immediately. They came to police station after 2 months of mine filing of complaint. Her parents demanded  a separate rented house then only they would live their daughter. I agreed and after seeing a separate house I informed her father’s elder brother but then also they never came . I sent a soft notice to her through my lawyer they replied to my notice but there was no willingness to come and live with me in the notice.  I was forced to sent Divorce notice. As I sent Divorce Notice they sent me a notice from Lok Aadalat for out of court settlement as they were demanding the jewells to be returned and addl compensation to be given apart from that. But all in Vain the issue could not be settled.

They then took up the matter with Dowry Prohibitionary Cell, Domestic Violence Cell. I appeared every  where and produced relevant documents. My wife then filed Maintenance Case and I was asked to pay Rs 3000/- Per month. I challenged the Lower Court Order In high court as my salary was Rs 5500/-.Honble High Court also provided interim stay and asked me to pay Rs 1500/- every month as maintenance fee. But The same has now been again Revised by Honble High Court to Rs 3000/-.

Meanwhile my wife also filed false domestic violence case. Honble Judge had a counselling with my wife and me where I told her that I was willing to stay with my wife. The same was turned down by my wife. On the same day after my self leaving the court premises she filed a false complaint in the police station stating that I was threatening her.

 

My Question is: How to fight this false DV Case ( Case filed after 5 years of Separation). Their main claim is ornaments and compensation. They had only provided 10 sovereigns of Gold and the same is with them along with my 6 to 7 sovereigns of gold except for their 2 sovereigns of bracelet which is with me. But They are claiming for 20 sovereigns I don’t have any evidence to prove that the gold ornaments are with them. Lie Detection Test and Brain Mapping Test is The only way to Prove my innocence. Till today there is no case registered in my name for any sort of torture or demand

Need a way to get Lie Detection Test and Brain Mapping Test done on GOVT Cost to prove my innocence.

 

Please help.

 

Regards

 

 

Senthil



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     05 September 2014

You have to challenge the DV case and other false cases on strong evidences and merits from your side.  Actually you have  a strong case to protest and challenge provided your lawyer is sharp and prudent enough.

Senthil (backend)     21 September 2014

Sir,

 

thanks for your reply and valuable advice. Is there any time limit for filing DV case as my wife has filed the case after 5 years of separation, Can I file any defamation case against my wife and his parents. Judgement is passed by high court to pay Rs 2500/month as maintenance fee in maintenance case, will I have to pay in domestic violence case also

Senthil (backend)     21 September 2014

can any one provide me the judgement passed by Honble High Court of Madurai asking wife to pay back the maintenance fee collected from DV case. Wife was getting maintenance fee from MC case as well as DV case and court had passed judgement that only 1 fee will be paid by husband. The order was passed on 2013 and same published in Dinathanthi paper. Can any one help in getting it. Need help badly


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