Will it piss off judge if i cite her own dv judgement ?

it depends on your earning capacity. the past reference mighit have a poor husband and rich wife case but what about you ? if you claim heavy cost and hide your financial situation, your wife might reveal that in the court thereby spoil the entire game.

 

i would suggest not to demand heavy cost but demand fine for false aligation.

You didn't mention what sort of allegations she had imposed on you and what sort of proof you have for your innocent in that act, one case is differ from other case you can hold and proceed in your case on its merit, you also didn't mention had she asked for maintenance and hide her job and income in her affidavit which she had filed in the court? I suggest you file only the reply of her allegations and other if you want to add on her, but it will be not advisable to submit the judgement at ws stage .

You need to mention what type of lies, she has mentioned in her petition.  Because some lies can be challenged under 340 crpc. In which she will asked to prove those allegations, if not she may face imprisonment upto 7yrs

Thanks Arix, Mr. Joshi and Siddarth for the answers.

Her income is about INR 1.5 Lakh/month. I am an NRI, salaried employee and she has my salary slips so no question of hiding, I'll just submit my recent payslips. My US income is of course 3-4 times her income in India, but based on equivalent cost-of-living between my city in US and her city in India, my income is less than hers. And it will be back to 1 Lakh if I take transfer to India. In fact before moving to US 3-4 years back my income was 90K INR. I don't kow if court will consider this. Anyways, I'm going to claim she has more earning capacity based on equivalent standard-of-living, and submit relevant analysis report. Even I cannot get a 1.5 Lakh/month job in India, I'd be happy to take transfer to India at that salary.
And in the case I am mentioning, the wife worked in husband'd family business. So I guess her salary could not be more than husband's salary. It cannot be a case of rich wife poor husband.

I guess you are right, it would be wise to not be too aggressive or confident. In that past case the wife made complains husband gave attention to his female employees and affairs n all.

I am sorry I cannot give out more specifics than this about the allegations and my evidences in open forum, and I understand its not possible to ask for advice without this information. However I got the answer, as both of you agree it best to not go hard on the heavy cost thing.

I maintained anonymity, after winning the case I will proudly share my the details here and thank everyone who helped. 2ndly the main evidences are like the aces of my hand, I am even not sure whether to reveal my hand in the first reply, or later and let them contest first few times.

Your counsel may opine to quote the judgment mentionning as decided by this court in case of .....................

 

You may share all evidence with your able lawyer and the judgment.

Let your counsel decide the citations and time for citations.

Thanks Mr. Doab, I appreciate your answer, and your sense of humour :)

Jaig i beleive your case is in Delhi district court whose judge has fined 1 lakh rupees to the petitioner. Anyways, you must prey for huge cost in your reply for filing fake case and wasting courts precious time.

Originally posted by : Mrs. Renuka Chaudhury,
	Originally posted by : jaig Thanks Arix, Mr. Joshi and Siddarth for the answers. Her income is about INR 1.5 Lakh/month. I am an NRI, salaried employee and she has my salary slips so no question of hiding, I'll just submit my recent payslips. My US income is of course 3-4 times her income in India, but based on equivalent cost-of-living between my city in US and her city in India, my income is less than hers. And it will be back to 1 Lakh if I take transfer to India. In fact before moving to US 3-4 years back my income was 90K INR. I don't kow if court will consider this. Anyways, I'm going to claim she has more earning capacity based on equivalent standard-of-living, and submit relevant analysis report. Even I cannot get a 1.5 Lakh/month job in India, I'd be happy to take transfer to India at that salary. And in the case I am mentioning, the wife worked in husband'd family business. So I guess her salary could not be more than husband's salary. It cannot be a case of rich wife poor husband. I guess you are right, it would be wise to not be too aggressive or confident. In that past case the wife made complains husband gave attention to his female employees and affairs n all. I am sorry I cannot give out more specifics than this about the allegations and my evidences in open forum, and I understand its not possible to ask for advice without this information. However I got the answer, as both of you agree it best to not go hard on the heavy cost thing. I maintained anonymity, after winning the case I will proudly share my the details here and thank everyone who helped. 2ndly the main evidences are like the aces of my hand, I am even not sure whether to reveal my hand in the first reply, or later and let them contest first few times. Instead of trying to figure out ways to get rid of wife, by finding fault like thyriod, hypothyroid etc. Why dont you adjust with wife? Anyway with the kind of life you have you wont stay single, you will marry again, and there also u have to adjust, why dont you adjust with this one rather than finding another one. another one another one ?

If they could have stayed together, then they wouldn't have entered door steps of the Court or asking a question in this forum..

It is not One person to adjust. Both has to Adjust...

People should adjust if there is LOVE, TRUST and RESPECT. If there is nothing of this and just EGO playing its part, complaining on each other, arguing always...

Then there is no point in staying together...

Yes There will be UPS and DOWNS in Life...but Husband and Wife Stay together...(if They have Trust, Love)

@jaig - Anyways to your question don't go Heavy...as others mentioned.. Have a suitable or decent, even you can request to donate the money to Charity.

Mrs. Renuka,

I always tried my best to adjust continually, in fact I completely obeyed all her whims, yet she was never happy and pick up quarrel and demean me. The short time we spent together complely damaged my physial and mental health. FOr the records she deserted me on her own accord, and in spite of repeated attempts refused to reconcile unless I bow down to her parents. She can at worst case extract money from me, but I'm sure staying together will be more detrimental for me than staying apart.

I also agree with you that one should adjust first, but you must understand that one should adjust with hope of reconciling happy married life again, not adjust for fear of criminal case. I did my part with full diligence till the point criminal charges were formally leveled against me. After this there cannot be any adjustment, only one party is true the other is false.

I have seen in other posts, you said yourself in some other post that the more wives demand money more adamant men become. Its not adamant or about ego - it's about right and wrong. I hope you would not give the same advice to men who were incriminated in false rape charges - to patch up. She challenged my character, and I accepted the challenge, that's it !

Who told you I want to get rid of this marriage ?? I don't want divorce and I'll strongly contest if she files divorce (except for zero-alimony MCD). She will always be the love of my life, and my wife, and yet she is a malicious creature with whom nobody can live in peace.

 

Apparently you have a steriotype notion about men... That men want to get rid of one wife and want another then another, somewhat like honey-sucking-bees !! :) .. Salary or income has little relation with decision of being single or not. One who has high salary can pay off first wife, get 2nd wife and pay her off, and thus can afford more wives in his lifetime ! ... Is that it ?

-------------------------------------

P.S> About the thyroid thing, it is true that she had uncontrollable rage and shriek with utmost rage whenever it goes out of control, and keeps barking at me. So I already kow this situation is common in such cases. I am not finding fault, in fact I feel sorry for her that she could not help it.

No offence to any individual poster, but women have a double-standard view of domestic violence, specially the wives who file it.

In one hand she intends full damage of this criminal case on the accused husband, that the husband should scare and be rendered a criminal (prima facie) in public eye, exactly same way as perpetrators of other crime against women - Rapist, Molester etc.

On the other hand, when the man actually decides to fight to exonerate himself on the merit, he is accused of being adamant, not willing to patch up with wife, etc.

 

Do not forget that domestic violence, what it actually means, is a serious crime against women. Treat it like the same way we treat other crime against women, like Rape. It cannot be a play-tool to cause fear and bring the husband in negotiation table. If the DV is true wife is victim and husband perpetrator, there cannot be terms negotiation between a victim and her perpetrator. It sounds ridiculous.

 

Similarly ask a husband how ridiculous it sounds to patch up after such charges. You heard of "Spitting Cobra" ? An African species of snake which shoots liquid poison aiming the victims eye, making it blind, paralyzed and easy to overpower. The "false 498a wives" and "false DV wives" as I like to call them, are exactly similar to this snake, she has already spat her venom. After that you cannot ask the victim to stay in the same cage with the snake, as the snake can bite anytime.

Thanks Mrs. Renuka for understanding and sharing your story, and the judgement.

 

I am also ready for a decade long fight and confident about my patience and perseverance. Only time will tell how long she can bear to stay in this path which she herself dragged us into.

 

I wish her be fined as a form of setback.
If a rape charge is prove false imagine how much public condemn the woman will face. But in DV she walks away without cost. The reason why DV and 498A are so lucrative among resenting wives is that these are always "zero loss" deals for wives. Either huge monetary gain or nothing but nothing to loose, not even a scratch in her reputation after defeat in case.

Please do not take any thing on its face value. My son who is NRI is victim of this judge order dated 22/5/2015 passed in CC no 1488/2012. She  has avarded 1/3 of income of my son in foreign currency by converting this into indian rupees ignoring the fact that she is employed and earning 65000 pm. There is a rumour that the case has been  managed .

so be active and be watchfull .

 

Approach the High Court and file a Writ Petition requesting that all petitions filed against you or to be filed by you after the disposition of the DV case, be disposed of in a short time. Find some VERY convincing reasons like you have a job offer from abroad or some such reason. You have nothing to lose. Worse case the writ petition will be dismissed. Do it yourself because it is very simple to write. The loss of time, energy, money, etc. in fighting DV and such false cases filed by wives is huge.  Merely winning these cases is not good enough because the damage would have already been done in fighting them. Do not underestimate this loss. Move the High Court NOW and minimize your losses.