I married in 2006 n stayed with wife in gulf until 2013 and have three children one son aged 9 and daughters aged 7 6 years. Due to financial crisis I shifted my wife n children back to hyderabad in 2013 n kept her in seperate rental flat on her demand n assurance of her sisters about safety n security. I kept working in Gulf for livelihood and kept sending house n education expenses to her regularly and was visiting once every year on leave and during my stay on leave we use to stay in my parents home. When I came on leave during September 2016 I was shocked on knowing from my children's that some one who was later found out to be Black magician and my wife are involved in illicit sexual relationship in rental flat where she staying alone with children. My 9 yrs son on noticing these illegal relationship encounter objected to his mother and black magician and consequently he was kidnapped n tortured mercilessly n harassed n intoxicated n thertened to not to reveal this secret to me or anyone elders. When I was coming on leave a gave her surprise news just prior to 2 days of my arrival and requested her to go and stay in my parent home as to celebrate Eid and receive me. Fearing exposure of crime my son was released from kidnapped by my wife n her BF and brutally thertened to not reveal anything to anyone otherwise they will kill him after I go back. It is only when I requested my wife to go to rental flat and stay there for completion of kids quarterly exams in nearby school my son n daughters shiveringly narrated all about and pleaded not to send them as both black magician and their mother will kill them. Upon hearing this my wife tried to deny and ran away from my home leaving children with me. I filed a police complaint against black magician and my wife and upon investigation police arrested both and booked under 307 320b 526 posco drug & magic act and other various acts and as per Muslim shariya I divorced her by settling her Maher n iddat amount. Accused No. 1 blackmagician also booked under pd act and Accused No. 2 my wife granted interim bail after two month of arrest and a criminal case is ongoing in Metropolitan court hyd. Now on bail she is filing false cases against me, firstly she filed a maintenance case against me in January 2017 which till now I didn't received notice as I'm back to livelihood in Gulf by leaving my children's with my parents. Secondly now I heard that she filed DV case against me n my father n my mother in Special Magistrate Court hyderabad. I'm totally shattered that despite ruining me n my children's life career how come she is allowed to file such cases to harass my whole family. Kindly advice how do i protect myself and my children and parent from her cruel tentacles.
1)wife guilty of adultery is not entitled to maintenance
2) no DV case is maintainable against you and your family members as after divorce there is no domestic relationship
3) file for quashing of DV case in HC
4) in the alternative file for discharge in magistrate court
1.Do not worry her false cases shall not have much impact.
2. The evidence of the children and the case filed by you would be proved heavy upon her.
3. However if you could prove her adultery through your children then ultimately her claim for maintenance would be cancelled even if in interim measure she may get an order of interim maintenance.
1. It appears that she is acting desperately with the sole intention to take revenge on you and/or to squiz out some money from you.
2. Since she was already arrested for committing some crime which is still pending before the court, there will be hardly any chance for her to gain anything by filing the said cases.
3. You were out of the Country and she stayed separately from your parents for which it will be impossible for her to prove any DV against her committed by you or your parents.
4. Contest the cases fittingly.
5. Engage a local lawyer having expertise in this field.
Thanks sir, I have not received any of court summons as im in abroad so will it lead to expaty order in her favour? I left with no leaves balance and may loose job and career which is only source of income for me& my kids survival. Do it necessary to come back india to contest on the expense of loosing job ? The summons which are in the name of my parents, can they receive it ? Im totally confused, pls. Advice
1) engage a local lawyer to appear on your behalf
2) execute POA in favour of family member to represent you
3) your personal presence is not necessary at this stage
4) it would be required only at stage of evidence
5) your parents should receive summons
1. If she files a DV case or any case against you and your parents, then certainly all of you shall get summons/Notice from the Court without which the case can not start at all.
2. So, wait for receipt of the said Summons/Notice at your end.
3. Atleast your parents staying in India will get the said notice based on which you can act accordingly.
4. Without notifying you, no case can be heard and decided ex-parte as per law.
1. yes , most likely.
2. If you lose the job then your liability to maintain wife would subside.
3. If you give POA to your relative then you need not attedn the dates in india.
4. Your parents can receive it.
Dear Querist
engage a lawyer and checked the status of the cases, it may be possible that the matter has been proceed ex-party,
fight the case on merit and she will not be entitle to get any maintenance from you or any other relief from the courts in which the cases are pending until and unless you do not appear before the court or the court proceed you ex-party and passed any order against you.
there is no mandatory requirement to came back to India and fight the case personally, you may fight the case through your counsel and Power of Attorney Holder.
In Domestic Violence Case, you parents(if they are party) then they may file an application U/s 25(2) of Protection of Women from Domestic Violence Act-2005 and claim that the name of your parents should be deleted from the arrears of parties as there is no domestic relationship between them and her, as per your information, only when you came to india you went to your parents along with her, it means both of you were only visitors and not reside in domestic relationship.
the summon can be served to any adult male person of the family, so if once your parents received the summon then it may be presume that the service of summons has been completed.
Feel Free to Call
1. You cannot stop anybody from filing the cases in the court, but the court holds a free and fair trial to determine the innocence or guilt of the respondent. Once you receive the summons from the MM Court you should contest her claim to maintenance on the ground that she left the matrimonial home without any justified reason.
2. To contest the DV case you are not required to appear personally before the court. The presence of your lawyer in the court shall suffice.
3. Your parents can move the High Court for the quashing of the DV case.
Your parents cannot accept the summons on your behalf. Engage a lawyer to keep vigil on the court proceedings so that she does not walk away with ex parte order.
I'm totally shattered that despite ruining me n my children's life career how come she is allowed to file such cases to harass my whole family.
Kindly advice how do i protect myself and my children and parent from her cruel tentacles.
Though she is entitled to maintenance under section 125 cr.p.c. and she can file domestic violence case, her cases may not be maintainable becasue of the criminal cases pending agaisnt her and this can be used as shield t protect your interests.
You can very well argue before court that in order to wreak vengeance against you that she has come out with such false cases.
You can fight it out strongly on the basis of evidences in your possession and merits in your side.
Since you are in abroad, she would not have taken steps to serve you summons to your foreign address.
However she may take steps to serve summons through newspaper publication and try to set you exparte.
Let your parents receive the summons and enter appearance before court and file a quash petition to quash the case on the basis of her malafide intentions behind this case and to expose her intention for wrongful gains.
You may remain there itself , do not bother to attend this case, let it take its own course, it may not sustain over a period of time.