DV victimmmm ( ) 27 September 2014

Need advice regarding divorce case

Dear LCI members,
My wife had filed a DV case with severe allegations like attempt of murder,forceful abortion which was dismissed by JMFC court in 2013 saying that She could not prove cruelty and most of her allegations were proved false by evidence given by me. She then filed crpc 125 in Family court with same allegations.Family court judgment says that it's not at all convincing that she was treated with any cruelty by me. But as I have filed divorce case and I am not ready to take her back, family court allowed maintenance to her and my 4 year old daughter( 8 thousand/month) even though my wife is working and it is proved in the court that she was hiding her employment. Now my wife has submitted her evidence in divorce case with same allegations in her counter claim. In fact she submitted same copy of affidavit in DV, crpc 125 and divorce case without any change.Family court judge says that either I should pay whatever she asks or I should take her back. Family court judge is very biased and says that even a labor pays 5-6 lakhs easily. So I should pay at least 16-18 lakhs to her.What can I do in this situation where family court itself is promoting extortion? I have appealed against crpc 125 order in high court but nothing has happened in last 6 months in that case. Please advice me.Thanks in advance for your valuable suggestions and advice

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3 Replies

Uday Kumar (Advocate ) 27 September 2014

Hello,

Besides all this, since your wife is working hence she cannot claim maintenance, there are judgment on this aspect. However as you stated that she is hiding her employment, Suggest to disclose the same before court and if Judge Play rigid role then go to appeal in District Judge or High Cout

Regards

Uday Kumar

Advocate

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 27 September 2014

Dear Querist

if you think that the Judge is biased then file a transfer petition before High court and transfer the matter to another Judge, file an application cum complaint u/s 340 of Cr.P.C against her for concealment of the facts before the court and given false evidence.

you may also file a suit for Defamation or criminal complaint for defamation before court along with section 182 of IPC.

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prakash chandra jain (proprietor.) 27 September 2014

dear brother.nothing to worry. you have more than enough evidence to prove cruelty against her one of the grounds of divorce. you have to pay maintenance to your minor child only. you follow your case correctly. if you feel that court is prejudiced against you better move transfer application. ultimately you will win.-prakash chandra jain advocate indore-p.no.09479848437.