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Q. False domestic violence against me & family

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Shreeram Kandra

posted 1 month ago

Q.False domestic violence against me & family
My wife filled false DV case sec10,12,14,16,20 & 22.....But she don't have any evidence..
1. She live with me after marriage Total 9 months...After 2 month of marrige she was suffered from gynic problem I have treatment of her my nearest hospital. After 4 month of marrige she suffered from tuberculosis T.B.(lounge TB). I have done her full treatment in my nearest hospital. TB treatment is completely done in 6 months .
2. I have whole medical treatment documents of my wife.
3. After 3 month of marrige my family gifted to me and my wife a honeymoon trip for jammu kashmir. We not gone Honey moon due to her TB illness... I have all cancelled air and train tickets.
I REQUEST TO ALL SIR PLEASE GUIDE & SUGGEST ME HOW I FIGHT DOMESTIC VIOLENCE... BECAUSE NO ANY VIOLENCE DONE BY ME & MY FAMILY TO WIFE.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 weeks ago

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A. ) Dear Sir,
Many Indian Laws are in favour of married women as such you must take further steps after reading the following FAQs on divorce.
===========================================================================
FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
======================================
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 4 weeks ago

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A. ) file application for quashing a FIR under section 482 of crpc

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Shreyash Mohta

Experience: 1 Year(s)

Responded 4 weeks ago

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A. ) You have a strong case.
Consult me and we shall proceed.

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J S Pawar

Experience: 3 Year(s)

Responded 4 weeks ago

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A. ) You have considerable evidence in support of your defence. Plz contest it well. Thanks. If need b plz contact through Vidhikarya

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Gurveer Singh

Experience: 5 Year(s)

Responded 4 weeks ago

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A. ) Mr. As per your view case look like strong but without wasting time collect all documents and set meeting with advocate.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 4 weeks ago

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A. ) Don't get excited, first think and decide what you want,
Divorce or reunion,
1. if you want to remain in the matrimonial relationship, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, start afresh and if, failed, file Restitution of conjugal rights petition in the Court,
and,
2. 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,
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty but it will take around 4-6 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case (already filed)
maintenance case,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
you would require to present all the documents (treatment record, cancelled tickets, etc)at the time of evidence,
Call/mail for a detailed discussion/understanding

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shankar b Bandi

Experience: 13 Year(s)

Responded 4 weeks ago

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A. ) in This case first you need to file contested diviorce petition against her later you can file quishing FIR 498a you need file

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