Section 12 and 23 of domestic violence
Hello sir,
I am 33 year old married Hindu male completed around 4.5 yrs of marriage. (Jan 01, 2011)
For the first three years we lived as a joint family with my father and mother. w.e.f. Jan 01, 2014 we move to our rented home near our old home. Since we both are working we left home at 8 am for office and come by 8 pm. (we drop our daughter at my old home to my parents which is nereby on a daily basis) After 4 months (on 2nd may, 2014) my wife (26 yrs) left our rented home with our 2 year old daughter with all her Stridhan. (only she sent one text message on my cell at 11 am in the morning that " I'm going to my parent place permanently with our daughter"). Hence I informed the same at our local police station on the same day via written application. I have gone once in a week to her residence for the first two months but she never talks to me and if I tried, not giving any response, don't receive my phone calls, After 3 months my parents received threatening call from her parent asking for Stridhan or else they file criminal cases against me n my parents. so again I have given 2nd written application in the same police station about the threatening call.
Even her parents were not supportive and doesn't want our relation to continue with. they even not telling me the exact reason why they front want to continue. she is the only child in her family. she is stubborn and short tempered by nature and thinking too much unnecessarily which results in stress and also undergoing some psychiatric treatment about
Stress. She even tried for suicide in year 2008 before 3 years of message by cutting her wrist. She had communicated this to me when we are on our honeymoon after marriage.
She is frequently changing her cell no. and not even shared with me. so upon strong doubt have discovered that she is talking to one of her school male friend (27 yr) frequently in the midnight
(12 to 3). having her call records as a proof via detective report.
I'm having 30000 salary pm (mba in finance)/ she is also employed with 30000 salary pm (diploma civil engineer)
I even had sent two general e-mails with reminders to her on Sep 2014 to come back our home thinking the future of our 2 yr old daughter. but have not received any feedback from her.
She had insisted mutual divorce orally three to four times in between this tenure. but in Dec 2014, she had made a complaint in women cell at thane. Then I received call from thane police station for further investigation. When I go there 3 women (avg 50 years of age) had a chat with me for around 30 minutes. Even my wife was present there. She even admitted there orally that i had not beaten her and our daughter was taken care by her in laws only which she wrongly put in her complaint. When asked by few questions by the ladies, she kept on crying but couldn't answered a single question. But later after 10 days she given her written statement saying that she will proceed only through court by mutual consent.
Now she had filed section 12 and sec 23 under domestic violence on me few days back.
kindly advise on following points.
1. How can I protect myself from this domestic violence case?
2. Can she file false criminal cases like 498a etc. against me later on after 1.5 years since she left? (Since it require jury's permission which I read through some references)
I don't want to drag my family in this issue.
3. If I will have to pay the maintainance, how much amount I will have to pay?
don't wish to give any rather would like to get the custody /responsibility of our daughter.
4. Instead I want her to pay the maintainance charges to me since I have gone through tremendous mental agony and she had spoiled my life for no reason.
Regards
Nayan Thorat
Asked 8 years ago in Criminal Law
Religion: Hindu