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Guru (Sales Manager)     28 August 2013

Please advise

Dear Experts,

I marry in Feb 2013, after few days (40 days) my wife has move to her parent's house without any reason. I did many requests to come back but she declined to come back and one day in May 2013 she went to local police station and file false complaint against me that I am beating her and demanding her salary. As per advice  in Mahila cell that we opt family members meeting. Thereafter 3 days of family meeting she called to my sister and tell she want divorce, she also called in Mahila cell and informed them she want divorce. We decided to mutual consent divorce but since our marriage have not completed 1 year I try to convey her for MOU/Sepration deed for my precaution. But she start lingering me to meet advocate and process further.....Suddenly 1 day she came to me and said she want 10L rs. alimony or else she can file the false case. I said OK file the case as I am not able to give any single penny to her....it happened 1.5 months back, still she is not doing anything....she changed her residence address also... I have her office address. As per my advocate advice I have send 1 legal notice to her on office address and old residence address to rejoin me.....We are waiting for her reply.....


Experts, I want to inform you that my wife behaviour  was very rude towards me and my mother....One day she created the situation and started verbal fight with my mom, I was there and shout on both and try to control the situations....She always said that I am living here like paying guest and all.....So my mom loose her temper and said if you wish to leave here without doing any household work and only  seat on the sofa set than give your salary over here or else move from home. Experts, please believe me we never demand any dowry from her as her financial condition so weak. Even I spent 70% of marriage expanse, for that I borrow the loan from bank. Even, my mom has also not any intention to demand salary or money...here she was played the smart game and took the video footage of that fighting.

So my question is, how I counter this case if she go and opt for DV or 498A aganist me and my family?

Even I also have her many recorded phone calls where she was very rude and abusing me....She told me that on calls """I am with my boy friend, tu muje gharpe kam karne bula raha hai and all, I don't share anything that whats going on in my office, I do not entertain any third person between me and my boss""" She went for night out with her friends without informing me and told me false, she admit this things in family meeting aswell... I have voice recording of this meeting. As I mention above she threatening me and demand for 10L rs or else she can file the case....I did voice recording of this.

Now please advise me how opt further?



Learning

 3 Replies


(Guest)

Ok.


What do you want to do now?


Without any action, from either side, nothing can be done or anticipated.

Guru (Sales Manager)     28 August 2013

Hi Hepling Hand,


I just wanted to know, what should be the counter/answer if she goes for DV or 498a against me and my family? As she is having video footage


(Guest)
Originally posted by : Guru

Hi Hepling Hand,


I just wanted to know, what should be the counter/answer if she goes for DV or 498a against me and my family? As she is having video footage


1. Depends what is on the VDO.

2. She cannot tell some cock n bull story to court and provide that VDO as evidence.  Everything needs to be proven, each allegation should be proved then only you can be jailed.  Or else case will get dismissed.  However, false case or true case, both take same time to get over ie 5-7 years.

3.  Even if she does, you need not worry this much.  In family, many things happen on day to day basis, all this can be resovled when matter comes for cross examinatino stage.

4.  Till then, you merely become a onlooker as to what all she does, just like a spectator you become and you cannot do anything about her wanting to flle 498a or DV.  But you can secure AB once FIR is filed in PS.  

5.  Hire services of a seasoned criminal  lawyer to face the terror of your life.


If you have not done anything wrong to her, then no need to fear.


If you have done an act of domestic violence or asked for dowry and are anticipating a case agasint you and your family, then its better to solve it out of court by paying her money.


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