False case of Domestic Violence
3 years ago
I got married and have issues with my Wife. I never abused her, or hit her but only asked for divorce and she filed Domestic Violence case in Rajasthan (She is at her parent place since 1 month and i am in Mumbai). Police is calling me asking to visit Police station in Rajasthan. Please advice and help.
A.it seems cruelty case. Get anticipatory bail and stay as that police have no territorial jurisdiction.
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Rahul Jamdhade
Responded 3 years ago
A.You have to go to Rajasthan Court where case is filed and attend court proceeding otherwise hon'ble court will drow arrest warrant against you .
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A.Visit to Police station ask for copy of complaintthen hire service of lawyer and reply
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Shreesh Chadha
Responded 3 years ago
A.Sir you will have to give further details.
The only advice one could give you right now is to contest the case. Best option is to get it quashed if she does not have any material. Will have to approach High Court.
Regards.
Adv Shreesh Chadha
The only advice one could give you right now is to contest the case. Best option is to get it quashed if she does not have any material. Will have to approach High Court.
Regards.
Adv Shreesh Chadha
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Akanksha Birthare
Responded 3 years ago
A.Visit the police station but take proofs and ask for marks on body if you have abused her physically.
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Suneel Moudgil
Responded 3 years ago
A.if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
since you have filed the contested divorce therefore you have to face
498a complaint
Domestic Violence case
maintenance,
however, you can take the defense of counter-attack in the court,
since the police are calling you, therefore, you should go there and try to manage the matter with the help of your lawyer,
or you can go for anticipatory bail
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
since you have filed the contested divorce therefore you have to face
498a complaint
Domestic Violence case
maintenance,
however, you can take the defense of counter-attack in the court,
since the police are calling you, therefore, you should go there and try to manage the matter with the help of your lawyer,
or you can go for anticipatory bail
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