Wife's belongings and domestic violence
As you have advised and my lawyer too , i sold my property and moved into a rented house .Meanwhile i filed a Divorce case in the family court .My wife has moved to her parents place for some time ( summer vacation along with daughter) and she is unaware on the situation that the case has been filed in the court .Since she has gone to other state (maharastra) ,she is not aware of the situation.I have two queries , since i am bitnervous .
1) Though i moved into a rented house and sold my property (my wife know that i have sold the property) ,her belongings are not touched and still lying at my previous house (wooden almirah) .i have to vaccate the house by 20th of this month , if i shift her all belongings to the rented house ,on receiving the summon, she might claim that we have stolen her important belongings .what should i do know ? is it advisable to serve notice after she comes to hyderabad ?
Yesterday , one of my neighbour told that , my wife use to tell everyone in the appartment (previous appartment)that i use to beat/hit her (definately it never happened).Now i feel she was doing her home work . I think , if she has done this ,definately on receiving the summon , she might file DV case against me and keep my neighbours as a proof( though my neighbours have never witnessed such act but she was spreading rumurs) ,in that situation , i think i will get bail but what could be the court proceedings and what could be the penalty (if she proves me guilty with her power and all rumours).
Asked in Family Law from Hyderabad, Andhra Pradesh
1) in domestic violence case you don't need to obtain bail contest case on merits it would take 5 years for case to be disposed of
2) she can claim alternative accommodation in domestic violence case
3) there is no penalty in domestic violence case wife can claim compensation for mental torture undergone by her
4) you can send widen almariah and all belongings to your wife by packers and movers Prepare complete list of articles and forward it to her
1. yes, it will be better for your defense if she claim later or alleged for stolen the belongings.
2. in D.V. case there is no need of Bail, it is purely civil nature case and the court will pass any order after give opportunity to you, so no need to worry, wait and watch
Advocate, New Delhi
1. There is no question of stealing her articles as long as you return those to her. You express your willingness in the DV case to return those.
2. You can file defamation for the smear campaign she is indulging in.
see the meaning of share house hold in DV act, it also includes rented house. amount of alimony shall be fixed by the court on the facts of your income, wealth, living standard, wife's living standard in in-laws house , your liabilities etc.
you have sold your house with malafide intension, sale amount is still in your possession and it will be included in your wealth. alimony is not a punishment for husband and advantage for wife. it is just for the saving of life that wife would not indulge in inhuman or substandard situation or miserable life. alimony protects her to live with dignity.
you have to protect you from domestic violence either by providing separate accommodation or maintenance. you will not be physically punished under dv act.
1. You should issue a lawyer's notice to your wife asking her to come and pick up her belongings before 20th. Failure to issue the notice will result in loss of some of the defences which you may otherwise take in the court if she files a complaint for stealing her articles against you.
2. What would be the outcome of the court proceedings is something which none can foretell. However, the court will hear your side of the story before passing its order. If your neighbours have not witnessed the acts alleged by your wife then there is nothing to worry about.
3. Your wife may also sue you for alimony, a claim which you may contest since she left you without any justified reason.
1. She can accuse now also that your have stolen items from her lmirah,
2. Is the Almirah under lock and key?
3.However, shift the Almirah immediately as it is to the rented house as otherwise, she may nenter in to the house and refuse to vacate it,
4. Rumours are not evidences. She has to submit hard evidence in support of her allegation that you used to beat her in your earlier house,
5. If she can prove her alleation with valid evidence then you will be punished and if she fails to prove, her case filed will be rejected for want of valid evidence.
Hi, better you have to collect all the belonging of your wife and same may be kept in your rented home.
2. It is very difficult to prove the demostic violence before the court and though court verdict in her favor you have to pay then compensation and maintenance and nothing more.