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Wife lodged false Domestic Violence case, I seek RCR, what to do


26-Feb-2023 (In Family Law)
Hi, Wife has left me on 11 aug 2015 and staying with her mother and lodge a case on my father ,mother and me a domestic violence case and we are calling her back to lead a life but she is not ready to come back and I have two year old daughter, court has ordered us to pay he 3000 every month so kindly advice what nextk
Answers (5)

Answer #1
618 votes
Sir, first file objections to the domestic violence case, also file an appeal against the order of paying Rs 3000/-and get a stay order, further you can file a case for restitution of conjugal rights and try to compromise if not proceed with the case giving every details to your advocate.

Answer #2
842 votes
In your case, your wife has filed for maintenance and then court has ordered for 3000 rs every month as her maintenance. Now for her to come back you have 2 options
1. Stop paying the amount of 3000 every month
2. File for RCR immediately.
Answer #3
719 votes
In your case, you informed that you wife left you in the year 2015. If it is so, then it can be treated as Desertion.
here desertion is from her side.
in your reference you did not reference the date of filing of case in - DV Act. is not informed.

Here i want to suggest one thing- when she/ herself only left your company and filed a case against you seeking a maintenance , and on other side you are ready to take back her and to take care of her and expressed the same to her in court of some other place , at that time, she is not entitled to get maintenance.
Further in case she is a working women and capable to maintain herself she is not entitled to get maintenance. As per recent judgment, well qualified women cannot be entitled to get maintenance. Under such circumstances you can go for appeal against the said order.

Apart from that you asked " I Seek RCR"
Defiantly you can file an application for restitution of conjugal right.
Answer #4
889 votes
How many months after your Wife has left you adn after staying with her mother she lodged that case on your father ,mother and you of domestic violence ? where is that two year old daughter now ?,
The amount court has ordered you to pay that 3000 every month is for both mother and daughter ?
You may have to keep paying that in the duration of the proceedings.
And whatever result of the case depends on evidences.
Answer #5
573 votes
Dear friend,
These are technical loops and craves and there by have go understand less and act more, first you have to decide whether u want relief or need a debate . You may contact our office : Adv pankaj Kumar & Associate,

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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