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me and my few family members have been accused of domestic violence


25-Jul-2023 (In Divorce Law)
Hello. My wife has registered a case under domestic violence by adding me and my few family members names. While me and my wife are seperated since more than 3.5 years and the last time i have met her is almost 2years back. all of the accusitions are false and the demand is meaningless (1 crore). Iam living abroad since 2013. my family living and based in chennai received the court order to appear on mumbai high court on 4aug. iam helpless and saddened. Please advise lega help. thank you.
Answers (2)

Answer #1
883 votes
if you and your wife have been living separately as per your knowledge that she has been not with you since 3.5 years so its not applicable and when did she filed the domestic violence against you if the court has sent notice to you and your family members you need to file your say
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Advocate Saniya Bendbhar

Adv. Saniya Bendbhar

LawRato Pune | 25+ Answers
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Answer #2
988 votes
Your attempt to stay with her not sufficient if during trial she could establish that due to tortures and cruelty it was or would not be possible for her to live with you. 2. iN 125 case it is very difficult to avoid maintenance even if rima facie it is established that wife is not willing to stay. Only in the last week the supreme court in Anil Kachhwa case has made it clear that such consideration can not be conclusively proved in summary trial like that of case u/s 125 crpc. In PWDV Case the law is silent about consequences from wilful refusal of the wife to sty together with the husband making your case further difficult. So fight the case on merit and try to lessen her maintenance as little as possible.
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Advocate Mahendrakumar S Sonawane

Adv. Mahendrakumar S Sonawane

LawRatoDombivli | 25+ Answers
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