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Author Topic: Require Help for Wife Withdrawing DV Case  (Read 2516 times)

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Offline Abhi19989

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Require Help for Wife Withdrawing DV Case
« on: September 06, 2015, 01:00:59 AM »
Hi All,

My wife filed DV case on me. I gave her salary slip inside court, Then her interim maintenance got rejected by court. Now she is looking to withdraw DV and file 498A on us. I lost more than one year to fight DV case. We got harassed by her all false allegations. Please let me know what we will  do in such situation. May I challenge her for reason to withdraw of DV case and take affidavit that she will not file any other case on me and my family members?.. 

Also May i challenge family image got defame through false case? Because I don't want to continue marriage such immoral women who filed DV within three month from date of  marriage.

Also can i get divorce on the basis of she filed false DV case on us and withdraw herself.

Please let me know your feedback.

Regards,
Abhishek.

Online adv.amarnath

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Re: Require Help for Wife Withdrawing DV Case
« Reply #1 on: September 06, 2015, 07:04:15 AM »
By your statement it appears that your wife is a notorious women who has filed case under D.V. Act unnecessarily. Lodging FIR under 498A after so many days will not be benefited for her and same can be quashed from High Court. There is no provisions in law for challenging her for the reasons to withdraw her case rather in the last order of that case, the Magistrate should have written the reasons of withdrawing her case as well as you can also take a certified copy of her withdrawal petition where her reasons of withdraw is clearly written duly signed by her.

You can file a defamation case for loss of reputation in your working place as well as in society/ locality. But until you marriage has completed one year, you cannot file a divorce case against you wife. After completion of one year of your marriage then you have liberty to file a divorce case under the ground of cruelty.

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Amarnath Sanyal
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Offline saravanan.s

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Re: Require Help for Wife Withdrawing DV Case
« Reply #2 on: September 07, 2015, 08:19:44 AM »
dont think that she will do only whatever she says.without withdrawing the dv she can file 498a as both are seperate cases while dv is both civil and criminal in nature whereas 498a is purely criminal in nature.if she files 498a fight the case on merits.
since its been more than a year from the time of marriage you can file a contested divorce on grounds of cruelty and file divorce before she files 498a or else it would be considered as a retaliatory action for her 498a.
if you can prove her 498a allegations as false while your divorce proceeding is on that would also help you to get divorce quickly as filing false cases also amounts to cruelty

Offline Abhi19989

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Re: Require Help for Wife Withdrawing DV Case
« Reply #3 on: September 07, 2015, 10:04:36 AM »
Thanks a lot Saravan and Amar Sir,

Just want to ask. May I have to file new case of image defamation?.. Currently she has 45,000/- INR per month. Please let me know what factor court will consider for image defamation. I don't want money. I just want harass the way she harass me. I want take revenge of harassment which she did with my parents and me.

May I continue same DV for image defamation?.. Can I take written statement or affidavit that she will never file any case in future?.

What is best option in this situation to take revenge and take divorce from her?.

Regards,
Abhishek.


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Re: Require Help for Wife Withdrawing DV Case
« Reply #4 on: September 07, 2015, 11:31:57 AM »
Law does not encourage revenge. Law gives justice. The dismissal of false case is justice. Getting rid of her is the best way to take revenge from her. Try to collect her current salary slip and if your marriage is more than one year old then you can file a cruelty case against her.
Regards,

Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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