False Cases filed by Wife

In the past few years, the trend of filing false cases and implicating men by exploiting women-oriented laws has released exponentially. Here is a list of things that one must keep in mind to steer clear of such false charges.

• FIGHT INTERIM MAINTENANCE CASES: The golden rule is to put everything on hold and fight the interim maintenance case. Divorce cases are inordinately delayed in India, increasing the burden on husbands to provide for interim maintenance while the case is pending. The longer the case is delayed for, the higher the frustration level in husbands as they are expected to cough up maintenance money even for that period. Moreover, since the wife is getting monthly maintenance, chances are she is least bothered about rushing the process of divorce. The best strategy in such a scenario is to reduce interim maintenance to a minimum amount at the initial stage only.

ADVANTAGES OF LOW INTERIM MAINTENANCE:

• Getting low monthly interim maintenance creates psychological pressure and crushes the hopes of a wife to get a big lump-sum amount post-divorce.

• In cases where the divorce is inordinately delayed, the husband can still afford to pay the wife low interim maintenance without him exhausting his finances.

• Low maintenance on behalf of the husband psychologically frees him and helps him focus on more important issues like collecting more evidence to help his case.

COLLECT PROOF REGARDING WIFE'S SOCIAL STATUS: Often repeated statement by husbands is “my wife works but I don't have proof”. Hence, the top-most priority becomes to collect proof regarding the wife's work, income, job profile, etc.

The following are some handy tips to collect proof:

• Check her social media profiles like Facebook and LinkedIn for information related to her workplace

• Get hold of a business card that shows her name, company, and designation

• Income Tax Return is the best proof of income

• Try to get details of the EPF (employee provident fund) from the workplace

• Try getting in touch with someone from the wife's workplace try not to do this overtly

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CORROBORATE YOUR STORY WITH EVIDENCE:

It is important to form a chain of events along with proof that has been collected by you. Follow the given steps to concretize your evidence:

• Write complete details from the time of the engagement till the time the wife left, from your marriage to honeymoon to other incidents where the wife may have left the matrimonial home. Document this information.

• Try to get in as many details as possible, even the smallest ones, in order to assist the lawyer in filing a strong abjection or divorce case.

• Make a list of all the important out-of-town visits, phone calls, family functions, emails that may have been exchanged, etc.

EVIDENCE: Evidence will include every document, picture, bill, etc. that will help your lawyer counter claims made by your wife .

• Collect all photographs of wedding and honeymoon and other social functions which depict that the couple was in a natural, healthy relationship. This will help counter claims of domestic abuse and violence .

• Collect family videos depicting your relationship

• Collect the requisite copies of bank statements and credit card statements

• Keep a record of all the messages sent by your wife to you such information may be incriminating in nature

• Once the case has been filed, record all phone conversations

The above-mentioned steps can help you make a strong case and counter all false claims made by your wife against you.

How can a Lawyer help you?

Divorce is stressful for both the spouses. It is thus important to hire a good and experienced divorce attorney who can give you expert advice on how to handle the intricate divorce proceedings. You can also take the help of LawRato's Free Legal Advice service to get free advice from divorce lawyers.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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