Legal Question in Family Law in India
I am husband , my wife and their family are interested in my money only , so they put false domestic violence case against me and my family.
In petition they mentioned that myself and my father-mother slap her and ask for money and since i m out of india they just said that my parents throw her out of my home.
that is all there is nothing more in this case and since this is false they don't have any evidence for this.
When they filed case before 8 months i was out of india and still i am out of india as my lawyer ask me u need not to come in court.
Now they asking for home and 1/3 amount from my salary by producing my bank account statement ( there is no joint holder for this account i am the only holder )
which is with fake bank stamp and fake signature and one of the figure is manipulated.
Otherwise she want to come with me abroad. but i want divorce since she is harassing me and my family.
I complaint against this and bank send me in written that
1. this statement and stamp is fake and banks has not issued this statement.
2. One of the figure is manipulated
3. statement is Downloded from internet and no bank employee is involved in this
4. produce with bad intention.
My Questin are
1. Can this bank reply in written give me advantage in this case ?
2. what if this prove that my bank statement is false which is being produced by my wife against court. , Will court dismiss case and take action against my wife ?
3. can i get divorce on this ground ?
4. even after i proved that my wife is interested in my money and put false case against me, still i have to pay her 1/3 amount for divorce ?
- i have no property in my name, no child
- just married before 1 years and 8 months and was staying on rental house with my wife only seperate from my parents. As i am working in different state from my home town.
- From last 1 year i am staying alone not with my wife.
Please advice me , they are trying to miss-use the law which is favouring female.
2 Answers from Attorneys
even if she has filed a forged bank statement, it is to be proved during trial whether the statement is forged. writing of bank would certainly help you proving that. only after you prove it, an action can be taken against her. in case she is interesting in going abroad with you and you not taking her along, she may prove desertion on your part. however, better suggestions would be given after perusing the petition that she has filed.
1. Can this bank reply in written give me advantage in this case ?
Yes, but, only when they are summoned by court at your request, the bank will reveal the truth.
2. what if this prove that my bank statement is false which is being produced by my wife against court. , Will court dismiss case and take action against my wife ?
The court may not dismiss immediately, but, ultimately there should not be any compensation to one who has not come to the court with clean hands. But, Immediately there after you may file an application under 340 CR PC - perjury - against the complainant wife for leading false evidence in the court.
3. can i get divorce on this ground ?
Divorce can be obtained, in the present case, on the grounds of cruelty. Her filing a false case has caused mental cruelty.
4. even after i proved that my wife is interested in my money and put false case against me, still i have to pay her 1/3 amount for divorce ?
Wife entitled to maintainance being wife. If you could prove that she herself walked out without any reason she may not get nothing.
- i have no property in my name, no child
- just married before 1 years and 8 months and was staying on rental house with my wife only seperate from my parents. As i am working in different state from my home town.
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