Marriage is a gamble and if you married in India, matrimonial battle could be a nightmare. In most divorce cases, husbands are represented by their lawyers. However, there are a chosen few, who decide to fight their case Party-in-Person (PIP). While VFMI will not generalise the outcome of cases fought as PIP or by professional lawyers, here’s a success story from Delhi that we thought of sharing with you all.
The matter pertains to a Domestic Violence case being dismissed against the wife, where the husband has fought PIP in his matter. The wife’s application under Section 125 CrPC has been posted for a later date after imposing costs on her.
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Case:
Parties got married in February 2015, however, within 6-months, the wife left her matrimonial home, citing adjustment problems. While the husband and his family tried to persuade the wife to return, there was no hope.
According to the husband, his parents were constantly bad mouthed and humiliated in society by his wife, calling them substandard.
The couple had been living separately since August 2015, and after a gap of 3.6 years, the wife initiated false criminal cases in February 2019 to harass the husband and his family for money. The cases filed by wife were filed under Domestic Violence Act and Maintenance under Section 125 CrPC.
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FIR Filed by Wife
According to the wife, her mother spent Rs 30 lakh for the marriage. Soon after moving in, her in-laws would constantly taunt at her for bringing small size jewelry. Later, they would continuously humiliate her and in a pre-planned conspiracy, she was driven out from her matrimonial home in August 2015.
The wife also alleged that she and her mother made all efforts to settle matrimonial dispute, but the husband and his family were not ready.
The woman claimed in her complaint, that her husband was earning Rs 2,50,000 per month and thus she be granted Rs 1,00,000 per month to support her needs.
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Husband’s Defense
The respondent-husband brought on record that his estranged wife was an independent educated woman who had always been working with different organisations in Delhi. The man also said that after leaving the matrimonial home, his estranged wife got employed with a new organisation within two months, and since then, she has never made any effort to reconcile or continue the marriage.
The husband argued aggressively, that all her allegations were frivolous and the cases were only filed after deliberating upon the outcome carefully.
To prove the wild accusations of the wife to be false, the husband, brought on record several photographs of the couple, spending happy moments in India and abroad during the six months that they co-habited together. The man also put forth several other photographs of his estranged wife partying with friends at clubs, while demanding maintenance from the husband in the court.
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Counter Police Complaint Filed
The husband has also filed counter complaint with the police in 2021, alleging extortion by the estranged wife. When the police failed to take action, he kept chasing and escalating the matter to higher ups, compelling them to take action. The matter was also escalated right upto Commissioner of Police. Contents of the Complaint read as below:
- It is prayed that the investigation may be ordered why FIR was not launched on an occurrence of a cognizable offence
- It is further requested that concerned officials be directed to register FIR u/s 182, 191, 192, 195, 199, 200, 211, 389 and 511 of IPC, 1860 and other relevant sections against Mrs. X for :
- Blackmailing and extortion of money by lodging frivolous complaints and giving false and frivolous information to honourable Delhi Police
- Abusing and misusing the law as a tool to extort money by filing false cases against me and my aged ailing senior citizen parents
- Concealing and manipulating the facts from authorities to fulfil her ulterior motives and for mentally and financially harassing me and my innocent senior citizen parents
- My wife cannot be allowed to take advantage of her own wrong doings. Hence, it is humbly prayed to you that in interest of justice pass such other/further order/instruction(s) as you may deem fit and proper
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Domestic Violence Case Dismissed
Due to repeatedly missing her court dates, the Delhi Court finally dismissed the DV petition in December 2022. Read order below:
Maintenance Case Next Date For Final Arguments
In the maintenance case matter as well, the woman has not been turning up for proper arguments nor filed her complete income affidavit. The court in February 2023, has ordered the wife to pay Rs 5,000 as costs to the respondent-husband and furnish a detailed affidavit copy to the husband well in advance before the next date, which has been posted for April 2023.
The husband in this case was guided by Men Welfare Trust (MWT), a Men’s Rights NGO in Delhi, that provides free guidance to men fighting false matrimonial cases. Taking to Twitter, Amit Lakhani – President, MWT, wrote:
Meanwhile an earning wife allegedly in adultery, files DV & CrPC 125 for maintenance, husband a volunteer of @MenWelfare decided to fight back in-person (himself w/o advocate), the petitioner disappears & DV case dismissed. Also cost imposed on wife in CrPC 125 case. #FakeCases
Meanwhile an earning wife allegedly in adultery, files DV & CrPC 125 for maintenance, husband a volunteer of @MenWelfare decided to fight back in-person (himself w/o advocate), the petitioner disappears & DV case dismissed.
— Amit Lakhani (@TheAmitLakhani) March 5, 2023
Also cost imposed on wife in CrPC 125 case.#FakeCases pic.twitter.com/spHnlshSso
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