Legal_Help (Manager) 01 May 2019

Help - false domestic violence case & advise on quashing

Dear Experts,

My wife left me taking her 12 yr daugther to her parents house (even though I bought her the house and she also have the keys for the same). I filed RCR 2012 and no objection or counter from her and I got exparte order on 2016.

Later only she came to house without daugther and when i asked, she again left the house back to parents house in a month and in 2018 files Divorce case and DV case....(For her Divorce case, i again filed RCR case to contest on the same).

Now, based on the above merits, that proves that she had volutentarily deserted me, even when I am asking for reunion and provided house , shelter everything, is there a way to quash this false DV on the above merits (either in the magistrate court or going to the high court for quashing).

Please kindly advise, as she had also pulled in my aged father and mother as well, who were living seperately along with me seperated for more than 7 years....

Thanks & Kindest Regards...

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3 Replies

Dr J C Vashista (Advocate) 02 May 2019

You have already engaged an able, competent and intelligent lawyer, s/he is well aware about the facts of your case, it would be better to seek his/her opinion/ advise.

However, if you are located in Delhi and feel so, may contact me (on appointment) at: Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939

P. Venu (Advocate) 03 May 2019

What is the point in insisting On the RCR when she wants divorce? The DV case needs to dealt with on the strength (or lack of it) of her pleadings.

Legal_Help (Manager) 03 May 2019

Thanks sir...The reason I filed RCR is because as below:

(1) I do not want to give her divorce because, I dont want divorce at the age of 45 (with 13 year old daugther getting to streets);

(2) By giving her tough fight against her divorce and dv, this RCR would ensure that, it is she and only she who is responsible for desertion and I am not the one to force her out; (and this way, we make sure that the doors are always opened for her and she wanted to flea from marriage life without regards to her daugther);

(3) Since already first RCR ordered running from 2012 - 2016 and subsequent to her divorce petition and DV on 2018, this is a strong proof, that we are not in relationship for past 7 years (strong proof to fight against her false DV) and I am not the cause for it (as through RCR i still prayed for reunion);

(4) Most important point, if there was a domestic violence even before 2012, it can be contested very strongly, as during my first RCR trial that ran for 4 years, she never rejected my RCR nor filed any counters not provided anything on Mental Cruelty or Domestic Violence and Judge also found merits in my case while ordering for RCR. (So clearly this DV can be contested that this is a false DV and no material proof provided from 2004 marriage to till 2018 (and even after that no PO report filed and we were living seperately - she herself legally agreed to this statement through her divorce petition);

So, will fight vehemently to get DV dismissed without any compromise (only compromise being to have her live with me and i will take care of her expenses, have proof of her MBA education and boutique shops that she is running)

Enclosed all proofs and evidences as a counter and subject her to strict evidence to prove her case....

(Provided her DV gets dismissed the same I will use it for her Divorce against mental cruelty to disprove her allegations)

Thanks & Regards...