I got married in 2008. Since then my wife was never cordial with me or my family. Moreover her family also kept interfering and always kept creating issues. My wife left home 3 years back on the pretext of going her home to celebrate a festival. Since then we tried multiple time to bring her back but her family refused in the grounds the she doesn't want to stay with us. They did not allow me to talk to my wife. Recently after 3 years the sent notice of section 125 which we will context. Also we have filed section 9 to plead that I would like to bring her back. They have not got the notice of section 9 yet. And meanwhile they have sent another notice under section 12 and claimed 20 lacks and further monthly amount under section 20, 21, 22. My question is 1. How to stop this harassment 2. Can they claim monthly amount in section 125 and also under DV case ? 3. Can they claim one time claim of 20 lac over and above 2 separate demands of monthly amount 4. As per my understanding DV case should be filed in the city where girl lived with husband but in this case the case is filed in the city which was her hometown before our marriage. Although both cities are in same state but have their own courts. Can we contest that DV case is not even admissible in the hometown of my wife ?
1. You have to contest her domestic violence case on the ground that you are not in domestic relationship from the time further this is false allegation and there is nothing on record she is doing this all for money and harassment.
2. Yes the amount can be claimed there are such judgements.
3. No they cannot claim 20 lacs and 2 separate demands.
4. Yes she can file in her own home town as dv provides it under section 27 that aggrieved person can file at her own residence
1) wife can claim maintenance under section 125 cr pc and under DV act
2) court would consider maintenance awarded in 125 cr pc while determining maintenance under DV act
3) court would not award Rs 20 lakhs claimed by wife
4) wife can file DV case from her home town wherein she is presently residing
Hello
Your wife is harassing you and therefore you should file for divorce on grounds of desertion.
It's been 3 years since she left you and you would be granted a divorce on these grounds.
Regards
In this case what should we do 1. If we go for divorce on the ground od desertion then what to do for section 9 we have filed already ? 2. Will court entertain our please for desertion and will not favor my wife in setting up amount to be paid in the event of desertion sine she has already made the claim under section 125 and 12 3. How do we proove that DV case is false. They can come up with false witness or proof and we are just stick in this situation even if we are innocent. Of course we wont have a witness saying that there was no domestic violence . If there is nothing like that then there is no witness either. 4. What are the credible evidence which court consider in case of DV
1. Withdraw the section 9.
2. Yes the court will accept an no one time amount of 20 lac shall be granted .
3. See they are making this false claim the primary onus is on them to prove domestic violence we have to just defend it.
4. In DV case independent neighbour witness, any harassment messages, Medicaid reports and any other evidence that substantiate the claim.
1. What will be the impact on our whole situation and future case of withdrawing section 9 ? 2. If we file divorce from our side then will it mean we will have to pay lot of amount to my wife ? 3. Can we file an independent case to my wife and her father of harassing us and claim any amount . This will put pressure on them to settle in divorce easily. 4. My income is just 10,000 per month but she claimed 35000 as my income and asked for 15000 in both cases separately. Will the onus be on them to prove my income as 35000 or will I have to prove my income to court. I work in a very small firm and it does not have formal salary slip or other document. How will I prove my income in this case or is there any way my wife can send summon to my employer and ask for my income. Need clarification on this point. 4. My father is a pensioner and house is owned by my father. I have a earning brother and my mother as well. Will any of these point can go against us or can we use any there facts in our favour ? 5 . Can my wife claim part in my father's property as part of divorce settlement. I have no property on my name
Since the wife has deserted the matrimonial home without any justiciable reason, you have a good case of restitution of conjugal rights. By this, you take the help of court decree to make your wife return to her matrimonial home. In case she does not return even after one year of this decree, then you can opt for divorce on this ground itself.
You have to withdraw RCR proceedings filed by you and then file for divorce on grounds of mental cruelty
2) if wife has no stayed with you for continuous period of 2 years then case of desertion is made out
3) burden of proof is upon wife to prove allegations beyond reasonable doubt
4) your Lawyer can cross examine the witnesses
You have to produce your salary slips , appointment letter issued by your employer to prove your income
2) you must be issued cheque fir your salary . Your bank statements woukd help in proving your income
3) your parents , brother income is immaterial
4) you can take plea that you have dependent parents to support
5) wife has no share in in laws property
Reading all above facts and issues of your case below are suggestions for you.
1) Go for RCR section 9 of HMA this will save your life from all problems and harassment.
2) Regarding your income proof court may ask you bank statement where your salary get deposit as now days all employers pay by cheque or online transfer.
3) She is not entitled to ask any share your father's property.
Ajay Sethi sir, You have mentioned that income of my parents or brother is immaterial but they have made filed DV case against all of us and we got separate notices under that one case. The 20 lac asked is from all of us. Is it possible that they can ask money from my brother and father under DV case in lieu of harassment Ganesh Kadam sir, If you read entire case history there I have mentioned that we have already filed section 9 buy it's notice to them is still pending and expected to go out in next few days.
1. There would be impact that court in the case can take view that husband is also of the opinion of not leaving with the wife.
2.No necessarily alimony is decided seeing many aspects, further if wife is earning and qualified it can be contested
3. if they are threatening you for money a case for intimidation can be filed.
4. In case of the income it is on you to give your iITR,salary receipts showing actual income.
5. Though cannot be used in favour but also wont go against you.
6.NO wife has no right in the property though for out of court settlement she can ask legally she has no right on the property.
1) there is no shared household
2) wife has not stayed with your parents or brother for last 3 years
3) she would not be awarded Rs 20 lakhs claimed by her
1. Challenge the case in the ground that the same has been filed with delay and in order to harry you.
2. Yes these two cases can be filed simultaneously.
3. Yes you may also challenge the same on the ground of jurisdiction.
Regards
Withdrawal of section 9 is the best option, as the case of divorce and restitution can not go simultaneously.
Challenge DV case on technical grounds as told above
Dear Client,
Compensation (not Maintenance) order can be passed against all once their role in domestic violence proved.
Mere demand without any evidence shall be reject.
1. How to stop this harassment.
You cannot do anything to stop them from running amok.
You can take steps to defend your interest by challenging their cases in the court.
2. Can they claim monthly amount in section 125 and also under DV case ?
Yes, there are provisions in law for that.
3. Can they claim one time claim of 20 lac over and above 2 separate demands of monthly amount
No, there is no legal provisions for one time settlement as a right, however the court will not interfere on such arrangements between parties paving way for a settlement and disposal.
4. As per my understanding DV case should be filed in the city where girl lived with husband but in this case the case is filed in the city which was her hometown before our marriage. Although both cities are in same state but have their own courts. Can we contest that DV case is not even admissible in the hometown of my wife ?
If you feel that this do not fall within the territorial jurisdiction then file a petition seeking to dismiss the same on the same grounds.
1. What will be the impact on our whole situation and future case of withdrawing section 9 ?
There will be no impact except the parties may decide about future course of action on it.
2. If we file divorce from our side then will it mean we will have to pay lot of amount to my wife ?
There is no such law saying that, the decision of allowing the maintenance petition will depend on the grounds of the petition, the defence refuting the charges and merits on both the sides.
3. Can we file an independent case to my wife and her father of harassing us and claim any amount . This will put pressure on them to settle in divorce easily.
No you cannot file any such cae until and unless her father created nuisance and indulged in any illegal activity against you directly.
4. My income is just 10,000 per month but she claimed 35000 as my income and asked for 15000 in both cases separately. Will the onus be on them to prove my income as 35000 or will I have to prove my income to court. I work in a very small firm and it does not have formal salary slip or other document. How will I prove my income in this case or is there any way my wife can send summon to my employer and ask for my income. Need clarification on this point.
The onus will be on them to prove your income, which you can always deny.
4. My father is a pensioner and house is owned by my father. I have a earning brother and my mother as well. Will any of these point can go against us or can we use any there facts in our favour ?
This has nothing to do with her maintenance claim.
5 . Can my wife claim part in my father's property as part of divorce settlement. I have no property on my name
No, she cannot claim any property not only from your father's property but also from your property too.
You have mentioned that income of my parents or brother is immaterial but they have made filed DV case against all of us and we got separate notices under that one case. The 20 lac asked is from all of us. Is it possible that they can ask money from my brother and father under DV case in lieu of harassment
You have been rightly informed that your parents income is immaterial, whereas she has filed the DV case against them for the violent activities they have done on her.
They are not bound by monetary reliefs .
Thanks T Kalaiselvan sir for the useful answers. Other couple of questions I have is 1. Can my mother file the DV case against my wife for the period my wife was living in our house hold. Although it has been 3 years since she left but if wife can file complaint after 3 years then my mother can file to after 3 years ? 2. I have read certain judgements from various courts where DV cases filed on the grounds that the case is file more than the gap of 1 year of wife leaving the home. I may not be expert here and surely this won't be just one point but can we see this option to file petition that this case should be quashed since it is after more than 1 year. I think those judgements were referring to section 482 or 462. 3. Because my in-laws have mentioned a huge list of gifts given to us as part of dowry can we file tax evasion petitions against them ? We have mentioned as part of section 9 that wife took some jwelery so can they also file Tax evasion petition against us by using that jewellery as a ground. 4. Also I have read that now domestic violence case may not be just female alleging against a male even a man can so so against the female. If this is correct then can my brother also file DV against my wife for the time period she lived with us. 5. Can my parents show that their pension is not enough to run joint expenditure which includes me and demand monthly sum from me using CRPC 125 . That will help me in ensuring less amount to my wife
mother can file DV case against your wife
2)DV is continuing offence and case can be filed even after one year
3) you cna file case of tax evasion against them
4) men cannot file DV case against women
5) you can show that you are contributing funds for your parents maintenance
1. There wont be any value of the case now it will be like cross case.
2. Yes this can be ground in quashing that the case is filed after one year that is the false allegations to harass and extort money.
3. Sir that wont be useful here at this point of time as for us it is important to avoid and deny that no such number of gifts were given and we have returned all that were given.
4. No male cannot file against female in DV act.
5. See parents can go against you under Senior citizen welfare and maitenance act for the amount citing that they have difficulty in maintaining them self in pension (you should not be included) or under 125 crpc but in that case if they are pensioner then the court may reject there application
1. You want to file a DV case in retaliation, of course she can also file a DV case against her daughter in law but she should have strong reasons and some corroborating evidence to support her complaint.
There are settled laws that even the mother in law can file DV case against her daughter in law, so you can consult a local lawyer and move on.
2. If you want to file a quash petition to quash the DV case filed by her you can very well approach high court with a petition under section 482 cr.p.c.for this purpose.
3. The articles given as gift would not constitute dowry articles. There is no problem in filing a tax evasion petition on the basis of the statement made by her in this regard.
4. It is not maintainable.
5. They can file a petition seeking maintenance on the said grounds, no doubt this move will make sure that her demands for huge maintenance can be nullified to certain extent.