MyNation Foundation Forum » Advice » Domestic Violence

Quashing DV

(5 posts)
  • Started 7 years ago by Rajkumar
  • Latest reply from Adv.Kachave
  1. Rajkumar
    Member

    My wife has filed a DV in section 12,18,19,20,22.
    No wonder these are false allegations, but the court doesn’t seem to hear what guys say.
    Now am cornered, she applied for sharing household in my parent house where we lived for 3 months before moving to separate living.
    We are afraid that if the judgement favours her then it will create more problem as she , her parents and brothers has already beaten us.We have filed a case about this incident in the police station but no action was taken by the police, since she has made a 498a complaint against me and my parents the day before the day I made.
    Now can anyone suggest me, how to stop her from entering my house.
    We know what the consequence if she were given shared household.
    Today I have filed a memorandum to quash this DV case. Can I get the quash order?
    Is there any other way to stop her?

    Please help me, as next date for hearing on domestic violence is 04-May-2010

    Posted 7 years ago #
  2. Dr.Dsouza
    Member

    dont worry;
    check this judgment http://mynation.net/docs/41-2005/

    find more related judgment here http://mynation.net/docs/sitemap/

    Posted 7 years ago #
  3. Rajkumar
    Member

    Thank you very much for ur suggestion. I will use this judgement when needed, as of now I got stay order on the domestic violence case which my wife has filed against me.
    Am not clear about this. What does stay order means? In what it helps me? Whats next?

    Posted 7 years ago #
  4. Adv.Kachave
    Blocked

    Dear friend if your divorce petition is pending proceed it, if not file it, be free from your wife, if she lodged complaint move for quashing in High Court. http://www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  5. partha
    Member

    My wife Files False case u/s cr. pc. 498a, U/s125 & U/s cr. pc. 18/20/21/22
    She raised allegation of illegal demand - I married with Sweta on 20th July 2007. This marriage was an arranged after discussion of both family & within the family members. During discussion relatives from our side convey the message that we are not interested and also not believe on demand process for marriage. Even my father told her mother not to give any material because we have insufficient space in our house. But they gifted materials Cot set, Almirah, Show case, utensils & some gold ornaments. All the items we accepted well but never had we asked for.
    She raised allegation of demand of cash - I never demand any money from them before or after marriage. I am surprised how she can tell such word. She always asking for money, even on the day of marriage she told I am in doing service is it true or not. Salary which I am getting from service has to be handed over to her because her Brother-in-law is handing over his salary to her sister. One day she told to double her money of Rs.11,000 in five year, which she is getting from her mother, I told her it is not possible because Bank or Post office not offering this. After repeated request from her I decide to open a Recurring deposit A/c at Bank, she handed over Rs. 11,000 to me. After observing her attitude a/c was opened in single name of her at a premium of monthly Rs. 500 for 5 year terms, I assured to pay Rs. 500 per month for said R.D. a/c, from where she will get more than 3 times of her capital. The day 18th January 2008 & 26th April 2009 she claims physical torture by me is absolutely incorrect & false, on both the day we are in different place so, it cannot be possible. More of this I never such type attitude in mind. so, demand of cash is not true. fact is she presurrised me & creates mental torture on me. but I am waiting for her good sense.
    Rasing the allegation of humiliation - Some days after marriage, she express dissatisfaction about gifted materials from her matrimonial house & pressurerised me to modify Cot because her sister do the same. But I told her it is not possible because all the things are memorable & if we modify cot her parents will be disheartened. One day I told her mother this fact also & she asked her daughter not to talk this type. My mother told her, in usual practice nothing can be changed within one of year of marriage.
    Raising allegation - Absolute starvation, not to supply food & water. After marriage normally she engaged in regular domestic jobs with my mother for preparing food, my mother given responsibility her to prepare main dishes like Fish/ Mutton, etc. my mother will do remaining jobs because at this age her retirement from daily routine work it will give adverse effect on health. We take meal with all family members, how she raised allegation not to give food, even she prepare some dishes. We also visited some relatives at their house & can anybody think or believe of that relatives supplied food to us but not to her. Most of the day when my father comes back from evening walk & brought some snacks & handed over to her. Some periods she leaves with me at my working place. Where she prepared food, even when I am at working place she do market & prepare food independently& takes meal. Our permanent residence is a small ownership flat, where exist 5nos. of water tap, so anybody can take drinking water from those tap. A photograph with me which was taken on 02/01/2009 evening from where it will be comparable with her present health & physical condition. Our marriage date is 20/07/2007 & she leaves our house on 26/04/2009, is it support by any science or logic a normal person can live without water so long period.
    Allegation regarding not to attend doctor - After marriage my wife was treated by her father with Homeopathic medicine for various reasons, which was her usual practice. She was also treated by our local Doctor Allopath & Homeopath; she also treated by a Doctor of Belur, Howrah.
    Apart from this we also visited a gynecologist of our area but after 2/3 visit find her problem was not solved, so decided to next visit for a renowned doctor not for a local doctor of this case. So, I booked to visit Dr. B.N.Chakraborty on 25/12/2008 and date visit fixed on 08/06/2009 but on 26th April 2009 she left from our house and filed case against my Father, Mother & myself. Her BP, Pulse rate, weight also checked in every month by North East Calcutta Central Govt. Pensioners council along with other family member according to her presence in our permanent residence.
    In the mean time her mother came to our house on 16th January 2009 and talk roughly why we test her Blood, why she treated by Gynecologist; we are surprised how she can tell such type of word. After that incident her mother never talked with me & talks roughly when my mother receives her phone & objected for her daughter’s staying at my working place. But her daughter stays with me at my working place till 14/04/2009.
    Allegation my mother kept her ornaments with my mother’s custody - So many times she express that she is not satisfied about gift from her family, even she asked to replace or renovate all items but I not agreed because it will hurt her parents and this will not followed culture or practice. She is worried about my & her Gold ornaments, (Ornaments mostly 98% are gifted by my relatives) then I tried to keep Gold ornaments at Bank locker but Bank locker was not available. Then we finalized until the availability of Bank locker ornaments will be shifted from her Almirah (for which she feels unsecured) to old almirah of our house there is a good provision of safe keeping. She was satisfied about safety of my & her Ornaments and kept most of the ornaments there. It is important that in our house nobody can operate this locker except me. She changes ornament time to time according to her requirements. End of January 2009 she take out all ornament including my ornaments also from said locker and kept in her almirah. She gives a written document with signature that she receives all ornaments. Some days later she crossed said document by pen. At that moment I felt she is in pressure, I asked her about her attitude & told her I believe that this is not her character and somebody pressurized on her, she admits my words but not disclosed who is in behind of this matter. I also not asked further. One day she had gone to Jewelry shop to sell ornaments but not succeeded because that time shop was closed. It was informed by my family member after this bad incident of Police & Court case. When she was asked for, she replied that her mother requires some money so; she takes this step & also requests not to inform me. Weshowed her where the money kept for daily use, where the key’s of almirah kept. only her almirah is not accessible to others, even i am not using it because she did not like it.
    Some related points regarding this case-
    She was admitted in a type institute nearby of our residence for an interview for the post of Clerk on 08/02/2009. For that preparation period I fulfill all requirements and that period her attitude was normal. On 14th April 2009 we do some marketing at that time in different talk she told that “I have done some mistakes but will never do this again”. I could not understand the meaning of word & she also never disclosed the meaning. On 21st April 2009 she goes to her matrimonial home before that day my mother asked her why her mother talked in bad manner, she told that “I told her some word & she misunderstood that, now I am going there and solve the misunderstanding”. My mother asked which type of talk she presented there but she remains implied. She came back from matrimonial home on 25th April 2009. During her staying at matrimonial home she talked with me by phone, send SMS and then I never observed any abnormality. On 26th April nearly at 05:30pm she left our house, at the time of leaving of residence with a Jute Bag, which is also overweight to carry by her, my mother asked her where she is going, she told I am going to my matrimonial home with my brother and he is waiting outside, before that she stays in close door for a long period. My mother asked her to call her brother but she replied that she is in hurry now & when my mother asked her returning day she replied that she will inform by phone. By this incident my mother feels sad & insulted; a neighbor also was present that time. I came back to home from working place, (which was pre settled) nearly 08:00 pm and called her the reason of such unplanned leaving, carrying so much materials & type of materials, she replied she taken out her dress materials, wrist watch & Gold which is absolutely her property, a large amount of cash also with her which she is receives from me time to time and the money for monthly expenditure. I asked about her returning day she replied will intimate by phone but I asked her to return back for next day morning because I feel this is not a normal attitude showing by she, during her leaving she also carry my Mobile phone. On 3rd May 2009 I called her but she did not accept my phone, then I called her on 06th May 2009 at their residential phone nearly 7 pm but she disconnects phone after hearing my voice. Then we lodge a General Diary at Police station; dt. 07/05/2009 due to her abnormal attitude. After leaving our house she starts misuse of my Phone, also using it lavishly and bill paid by me, because it is a Post paid connection. I am also waiting for her good sense, it is not possible to me close this connection because SIM is required to close the connection. In the month of November she billed Rs. 6855 & in December Rs. 2330, I am unable to pay such havoc amount so service provider stops the service but naturally did not stops to send bill in the Month of March pending bill amount is Rs. 9536 including fine for nonpayment. From 03/05/2009 onwards she & her family members started disturbing our relatives by using slang language, demanding money of Rs. 20,00,000.00 from my said Phone.
    Date of disturbance: - 03/05/2009, 22/08/2009, 23/08/2009, 13/11/2009, 05/12/2009, 06/12/2009, 08/12/2009, etc. They disturbed at our residential phone by using slang languages on: - 24/11/2009 at 04:45pm, 05/12/2009 more than forty times to our residence: - 05/02/2010, 06/02/2010 at 09:30pm, 09/02/2010 at 06:26pm, 16/02/2010 at 05:10pm. ** On 09/02/2010 morning her mother come to our house with some person to handed over some papers; my father readout said paper and found she wrote some abnormal sentences which has no meaning some bad word also, all the sentences are bogus, they pressurerised him to accept said paper. Her mother using some slang languages also. Then we talked with our lawyer as per their advice finally he not accepted this. Days before that incident some people told my father that they are like to withdraw case if we give money & offered for a meeting. **
    When she lives with me I observed some abnormalities like –
    She is not ready to work in a group. She did not express happiness after receiving any gifts.
    She did not believe anybody. She expresses uneasiness if any neighbor or relatives came to home. She did not respect senior persons. She stays some period in angry mood after receiving Phone from her matrimonial house or she called there, or she stays more than 2 days in matrimonial home. I did not fill she likes me or has any attraction on me, except my money.
    Above points played some anxiety in my mind. But I am in hope that she will be matured after transition period, which is required for a person from a family to adjust with another family.
    I & my other family member still in dark why she takes these step. No body from her family called to our any relatives about any trouble she faces with me or with my other family members.
    We will be happy enough if they return back all items they gifted & return back which we & our relatives gifted, which she occupies still now.
    I am waiting for justice from Honorable Court, I am not agreed to pay any illegal demand -
    • I am unable to pay her any unjustified monitory demand.
    • She did not behave normally from the day of Marriage. She expresses her doubt about my service, she demands of my full amount of Salary because her brother in law does same (as per her version).
    • Until her living she continuous pressurized me by demanding money but never disclose what she doing by money.
    • One day she had gone to Jewelry shop to sell ornaments but not succeeded because that time shop was closed. When she was asked for, she replied that her mother requires some money so; she takes this step & also requests not to inform me. It was informed by my family member after this bad incident of Police & Court case. If she likes to help her Father or Mother then she requests me for so, I can also try to help them according to my capacity but she takes different way to help her matrimonial side by destroying me & my family also off course herself.
    • After leaving our house on 26/04/2009 she starts misuse of my Phone, also using it lavishly and bill paid by me, because it is a Post paid connection. I am also waiting for her good sense, it is not possible to me close this connection because SIM is required to close the connection. In the month of November she billed Rs. 6855 & in December Rs. 2330, I am unable to pay such havoc amount so service provider stops the service but naturally did not stops to send including fine for nonpayment. From 03/05/2009 onwards she & her family members started disturbing our relatives by using slang language, demanding money of Rs. 20,00,000.00 from my said Phone.
    Date of disturbance to our relatives: - 03/05/2009, 22/08/2009, 23/08/2009, 13/11/2009, 05/12/2009, 06/12/2009, 08/12/2009, etc.
    They disturbed at our residential phone by using slang languages on: - 24/11/2009 at 04:45pm, on 05/12/2009 calls more than forty times even in mid night by using my Mobile phone. From Phone her matrimonial res. land phone on to our residence: - 05/02/2010, 06/02/2010 at 09:30pm, 09/02/2010 at 06:26pm, 16/02/2010 at 05:10pm.
    • She use my mobile phone (it is a very important phone to me) lavishly to disturb us & to call some unknown phone number most of them to phone number, 12630000, 12630033 & some other mobile, it is observed from call list support from service provider. It may be investigate that to which persons she holds relation & for purpose.
    • Details of bill amount paid by me : -
    April-2009 Rs.181, May-2009 Rs. 375, June-2009 Rs. 437, July-2009 Rs. 608, August-2009 Rs. 694, September-2009 Rs.545, October-2009 Rs. 599.
    • Details of un paid bill amount: -
    November-2009 Rs. 6855 Unable to pay such large amount, December-2009 Rs. 2330 also Unable to pay such large amount, January-2010 Rs. 113 Unable to pay due to earlier 2 bills unpaid, February-2010 Rs. 9417 Including earlier unpaid bill & Fine, March-2010 Rs. 9536 Including earlier unpaid bill & Fine, April-2010 Rs. 9655 Including earlier unpaid bill & Fine, May-2010 Rs. 9774 Including earlier unpaid bill & Fine.
    I am worried about legal action if taken by service provider about unpaid Bill. So I like to receive said Phone in good condition along with Paid (Rs. 3439) & unpaid amount until settlement (Rs. 9774 till 31st May 2010) total Rs. 13213 (till 31/05/2010) along with demurrages charges.
    • She through bad comments to my Land lord against me & my family she also through bad comments to one of my Colleague which are known to me.
    • Her mother contacts with our Municipality Chairperson & local councilor and give some false statement against us and also told Advocate of both party intentionally makes delay for collecting money from us. On 09/02/2010 very morning her mother come to our house with some person to handed over some papers; my father readout said paper and found she wrote some abnormal sentences which has no meaning some bad word also, all the sentences are bogus, they pressurerised him to accept said paper. Her mother using some slang languages also. Then we talked with our Advocates as per their advice finally my Father not accepted this. Days before that incident some people told my father that they are like to withdraw case if we give money & offered for a meeting. They offered from other source also for settlement by taking money from us. Chairperson of our Municipality & councilor makes enquiry about this and asked her mother all are bogus and not interfere her daughters personal life also asked not to raise false allegation against us.
    From above incident it is very clear that they arranged marriage, harassed by Police & file case only for blackmailing us & squeezing money from us nothing else.
    • Due to present condition we are in mental pressure & agony also fall in sick. My parents are nearly 80 yrs. old but I cannot treat them well & unable to bring them to Doctor as per requirements. So we are not interested for settlement by giving money, we have full faith on Judiciary & we are waiting for proper justice.
    • It is my belief that some gangs or else are involved in this matter & she uses as a puppet. Because there was no major misunderstanding with me & my so called wife, her abnormality can be managed by me in due course. She severally told that her demands are well full filled rarely asking or before asking.
    ALL ABOVES ARE THE FULL STORY, I LIKE TO TAKE YOUR VALUABLE ADVICE ABOUT THIS MATTER, I ALSO LIKE TO KNOW WHICH TYPE OF LEGAL ACTION CAN I TAKEN AGAINST THEM, ALSO TO SAVE MY FAMILY & MY SELF ALSO. IN WRITTEN REPLY I TOLD TO COURT I NEVER DO ANY BAD BEHAVE WITH MY WIFE & HER ALLEGATION ARE NOT TRUE, I LIKE RETURN BACK HER. I ALSO TOLD TO ALL SOURCES THAT I AM NOT INTERESTED TO SOLVE THIS PROBLEM BY PAYING A LUMPSUM AMOUNT. MY ADVOCATE TOLD THAT I AM NOT IN POSITION TO TAKE ANY LEGAL ACTION AGAINST THEM AS PER OUR LAW.
    PLEASE ADVICE.

    Posted 6 years ago #

RSS feed for this topic

Reply

You must log in to post.