• False complaint against domestic violence

Last 18th Sep 2014 my wife filed domestic violence case in judicial magistrate court.  Since last 10 years I paid 32 lakhs money to my wife through her bank account. When I came from Saudi she was and my two daughters not available in my house. She has taken my jewels 350 grams, vehicle TVS WEGO VALUE RS 57000, Laptop on 10th June 2014. I came to India on 14 the June 2014
I tried to bring them to my house but my father in law was talking rudely and abused me. When I was waiting for my wife to realize but her father misguided to file a casesna I have given counter. Again he filed case for interrim benifit and one more case for survival benifits.My questions 1.In my counter I asked to produce her bank account statement still she did not submitted to court but how she can say after marriage all money for family expenses given by her father without any record or proof. And also her lawer sent notice to me and sub registor not to sale my house
Asked 1 year ago in Family Law from Karur, tamilnadu, Tamil Nadu
Religion: Hindu
Immediately file your reply along with all the documents as bank statement before court where the matter is pending.

Fight the case on merit with the help of a lawyer .

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Hi it is the duty of the husband to maintain his wife and children though you have paid the amount which relating to past expenses now they sought for maintenance for future dates.

2. But you can file a objection to the court that you have not neglected to maintain your wife and children and more over you have paid so much of amount and also show the proof in you bank statement that you have paid the so much of amount in your bank statement.

3. You can prove your case for payment of money through your account only.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Fight the case on merit. All these things like bank statement and jewellery's bill are in your favour, she will not entitled to get anything from you by court.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Hi, these are all the facts you have to prove before the court through your evidence and you can produce all those documents in your evidence.

2. One thing you must remember it is very difficult to prove the domestic violence at the last she will entitled only for maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) most of complaints filed of domestic violence are false 


2) you have to file detailed reply denying all allegations 

3) you can enclose your detailed bank account statement which would nail her lies and show funds transferred to her account 

4) your wife can in her DV case claim right to stay in her matrimonial home and obtain injunction restraining you from selling the flat 

5) she cannot claim any ownership rights on the house 
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
1) you can enclose in your reply proof of having bought jewels for her to show that you cared for her all these years 

2) you will have to cross examine your wife on the allegations made in the complaint . 

3) if it is proved that her complaint is bogus  then court would not grant her the reliefs sought by her 
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
1.In my counter I asked to produce her bank account statement still she did not submitted to court but how she can say after marriage all money for family expenses given by her father without any record or proof. And also her lawer sent notice to me and sub registor not to sale my house

You have stated that you have asked her to produce the bank statement in your counter hence it can be understood that the matter is just the beginning of trial stage only and the trial has not  commenced.  This fact can be established only during trial fo the case either during her evidence stage or your evidence. 
If her lawyer has issued notice you give a rely notice, because she has no right in the property owned by you.




She never asked divorce from me but she claimed maintenance cost. I bought jewels from Kuwait for her and same with her.I have receipts for the jewels.I have bank statement for all money transfer.How can I further prove there is no domestic violence for her.My daughters are studied in college.My brother in law and her father are indicipline and cheats my my family members and brainwashed my daughters for their favour.
This clearly proves that they are behind money and other materials alone and have no value for human life.  With the help of all documentary evidences you may disprove her claims. 

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Let them follow the proceedings of 498a. 

Here are two options with you either you file a case of Divorce on the basis of cruelty and false 498a or the other strategy is file a case or restitution of conjugal rights under HMA section 9. She would be forced to come to you. When she says she won't as she has files 498a, you file for Divorce. 

Keep you arguments on in the ongoing 498a , as she does not have sufficient proofs she will loose . Also she would be planning to take a Stay on the property on your name and she would claim her share in this property through 125 case. 
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
1. If the court orders her to produce her bank statement she will have to do so unless this order is set aside by a higher court on an appeal which she may file.

2. She is entitled to say anything to support her claim. You are being given an opportunity by the court to contest her claim in accordance with law. If she has stated that the family expenses were borne by her father then she will have to prove it. Her statement alone will not suffice.

3. Let your lawyer reply to her legal notice.

4. She has to prove the domestic violence which she has alleged. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0

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