Kindly help. my wife has deserted me for almost 7 years. she had filed false cases of domestic violence and dowry against me and my mother which have been proven false and bhopal court has dismissed the case. wife is infertile which she had failed to inform before marriage. she had signed the mutual divorce papers before 5 years but failed to appear infront of the judge. now she demands 20 lakhs to give divorce. i am mentally and physically depressed. i have already filed for divorce but case is dragging in court. can my mother file a case against her for ruining my life. for falsely accusing me and my mother in domestic violence and dowry case. my 70 year old mother was dragged to bhopal to attend the domestic violence and dowry case. can we ask for compensation.
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You and your mother can file case of defamation against your wife for maligning your reputation under section 500 of IPC
2) your mother can also file DV case against your wife seek protection order and compensation for mental torture undergone by her
Filing a criminal complaint in Court by wife is not defamation. Only if a total stranger files a case and the accused is acquitted on merit the accused can file a case for malicious prosecution against the complainant and claim compensation in civil court.
Calm down, there is nothing to be depressed about. Based on facts that you have narrated I assume that you shall have documents to prove whatever you have stated in your query. Considering that nothing wrong shall happen to you. You may place all that on records of the case and get her petition dismissed on the sole ground of desertion since past 7 years. Her petition under DV Act shall not survive as barred by limitation. It isn't mandatory for accused to present personally in every hearing of the case once they assign their case to their attorney. It is only and only when the court orders the accused to remain personally present in the case. You can defend your case well with whatever you have stated above if court finds that the wife has filed false dv case then the court may consider your request for compensation,
1. Your mother can file a case against your wife for lodging/filing false complaints/cases against her knowing very well that the said complaints/cases are false, to cause damage to her.
2. She can file the case for the damage caused to her but not to you.
Let the court finally adjudicate the dispute. thereafter you can file suit for damages out of malicious prosecution .
I wonder when your mother comes from Bhopal while her presence can always be avoided.
The court has acquitted both you ad your mother in both the cases.
You have already been relieved from the problems and stress hence why do you want to get your mother at this old age into legal stress once again.
It would not be advisable to ask your mother to file any case at this age and to get stressed for no reason.
You do not have to budge to her pressures.
You may continue your divorce case properly through regular follow up with your advocate
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage .
- Further, separation is also a ground for divorce provided that both the husband and wife are living separately for a period of not less than two years at the time of filing the divorce petition.
- Hence, you can take these grounds in your divorce petition .
- Further, being a woman , your mother can file a compliant against her daughter in law under the provision of domestic violence Act against her harassment.
