False case of Domestic Violence
Name: Ankur Garg
Place: Rajasthan (now Mumbai)
I got married on 26th Nov 2012. Me and my wife both belonged to Rajasthan. My wife was under heavy influence of her mother and used to abuse me and my mother. She was very dominating and wanted my mother to leave the house. My father expired 10 years ago. My brother is working in Mumbai.
She once went to her parental house and threatned me to live according to her. But after 15 days she came back and regreted for what she and her father said. After that I got careful and started to record her calls. She went to her parental house in August 2013 with her father for Rakhi festival. After reaching there she abused me on phone and didnt came back. After 1 year of separation, my wife has charged false case of DV against me, my mother, my brother and my uncle.
I got transferd to Mumbai in July 2014 and now she has charged this false case after 1 year. I need the following advice :
1) Is call recording evidences considered valid ? If yes then how to authenticate them ?
2) How to prove that we are separated for last 1 year. I read judgement of Sir Roshan Dalvi regarding time period in which DV case can be filled after separation. Can that come to my aid ?
3) She was very abusive on her calls with her mother and used to make plans to throw my mother out of our home. She and her mother both used to abuse me and my family on phone. Can that be used to file a reverse case on them ?