my friend has been recently falsely charged under Protection of Women from DVA 2005 by his estranged wife.we all know she's lying, as does her Counsel. but she's persisted with it, threatening him out of vindictiveness, when it came to light that she'd been lying all through. so in the form she's filled, there's nothing that she's left unticked. they'r not living together since the past 18 months, and in this case, its the hubby who's a victim of the wife's cruelty, who's turned him out of his own house and is living in it with someone else.
he's filed for a divorce, but now this counter from the wife.
under these circumstances, how does he protect himself?
can someone help him get out of a very bad marriage? any NGOs/ groups in mumbai/delhi where he can take proper counselling and adopt the correct course of action?
i look forward to quick responses, for his sake.
2006-11-27 06:13:23 · 6 answers · asked by rajat-gujrat 1 in Family & Relationships ➔ Marriage & Divorce
In a recent judgement Supreme Court of India has taken making of false complaints against husband by a wife is a clear case of cruelty on her part & entitle the husband decree of divorce. Protection of women from domestic violence Act 2005 has been enacted for wives already living with the husband and at no screach of imagination hold couples already living seperately for the last 18 months and has been filed to counter his divorce petition. Rather her such act will strengthen his divorce case for the ground of cruelty against him. I have seen that whenever any such enactment comes into effect advocates of the parties make use of it whether it was sec 498A Indian Penal Code provision regarding cruelty or this Domestic Voilence Act, which I feel is mocary of law and should stop.
2006-11-27 18:43:47 · answer #1 · answered by bisexualmale s 6 · 0⤊ 0⤋
He MUSt retain a GOOD lawyer. There are protections for him IF he is in fact not as acused. However, it takes time, mosny, and persistance.
He needs to get a lawyers ASAP. Only they will be able to advise him on the correct course of action in his state.
Good luck.
2006-11-27 14:17:28 · answer #2 · answered by Scott D 4 · 0⤊ 0⤋
If your friend would have had a PRENUPTIAL agreement, he would still be living in his own home.
He needs to get a divorce lawyer.
If, like you said, she is lying and her counsel knows it, then prove she falsely filled out legal documents.
If he can prove it is his home, then call the police and complain that squatters have moved into the home.
2006-11-27 14:36:09 · answer #3 · answered by murkglider 5 · 0⤊ 0⤋
I don't know where your from but their is a lawyer in Chicago that specializes in this sort of thing. If you can get ahold of a phone book from that area. I will try to find the number and then at least you can get pointed in the right direction.
2006-11-27 14:20:09 · answer #4 · answered by sandra m 1 · 0⤊ 0⤋
A good lawyer is his best protection, if the charges are falls then it can be proved in cross exams, the witnesses will break down.
2006-11-27 16:33:00 · answer #5 · answered by minootoo 7 · 0⤊ 0⤋
no protection practically
2006-11-27 14:18:06 · answer #6 · answered by doctor asho 5 · 0⤊ 1⤋