We are married since 5yrs and have a 3yr old son. Since my parents reside in other town, my son used to mostly stay at my in laws house as per my wife's wish as she is a working woman. When my son was 1.5yr old my wife got a job opportunity in bangalore and she decided to relocate leaving the son at her parents house in mumbai. I also stay in mumbai much far from her parents place. I asked her to look for another job in mumbai so that our son could also be taken care. She refused and started fighting. Eventually with lot of intervention from my parents she did not budge n left for bangalore. I filed RCR in family court. She filed for a false DV case of mental harrasment. Since then even after applying thru court she hasnt allowed me to meet my son. She skips the family court dates n attends only DV case dates. The local police station also keeps calling me on the dv case which she reopens after it is closed. Pls advise on how to proceed
A.Hi,
Making false claims is a punishable offence under S.209 IPC. You can make a petition to the High Court under S.482 CrPC to quash such claims to prevent abuse of court process. You might benefit from arbitration or mediation before taking a decision on divorce.
If the case has been closed, the police cannot reopen it.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
You can get an ex-parte order passed in your favour if she continues to skip the hearings.
If the complaint is false, you can apply to the High Court to quash it under S.482 CrPC. She can be punished under S.209 IPC for making a false claim.
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Sidhaarth
Responded 3 years ago
A.In given circumstances if wife reside in another city for her job then the same does not amount to separation or desertion so RCR is not maintainable. Your wife is within her right to claim divorce and you gave opportunity to prove the same false. You can claim custody of child and permission of court to meet your son on regular interval.
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False DV case
My wife hardly stays with me what should I do
