Harrassed (accountant) 30 April 2013

4 and dv for maintenance after divorce

Hi,

I have given divorce by pronouncing 3-Talaaq to my wife by registered post on 13th feb 2013 and she accepted that.

She is staying with her parents from 23 feb 2013 onwards without my will after many requests and elders meetings she didn't come back,her parents demand was to purchase home on her name first then only she will be back.so i divorced her after waiting 1 year.

She filed 498A/323/504/506/DP3/4 on 16th feb 2013 means after divorce and DV for maintenance on 2nd Mar 2013 against me.

Current status 498A/323/504/506/DP3/4 is still in police station and investigation phase no chargsheet filed.

DV got copy from magistrate on first date and i need to reply on that because this case should not be maintinable as per law after divorce and without any relation from last one year.

Now problem is that she have written in her compaint and FIR that i went her place which is in UP on x date and beat for dowry demand,on the basis of this cases registered against me and my parents.wheares on that day i was in hyderabad for some office meetings with my parents and i have proof of credit card trasaction of that day as well as photographs with list of 20 witnesses.I am resident of delhi.I have phone recordings as well as sms text of complete year where we had phone S#X multiple times and facebook chat with her computer IP address/Mac address to prove this chat is generated from her computer.And i have statments of all the other 30 common relatives who were involved in mediation and it is in my favour.they know that my in-laws did wrong and ready to give affidevits.

FIR is on all members of my family and i did some setting with IO who is filing chargsheet without arrest fortunitly.then we can go for queshing on above facts in HC.

Please suggest me on below question to approach in this cases.

My question is that what cases i can file from delhi as i am resident of delhi and she is resident of UP and having my kid also.I have all true evidences against her as defind in previous paragraph.

Second thing my company is sending me on work permit for 6 months,so what will be its affect on cases registered against me.

Thanks

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6 Replies

Harrassed (accountant) 30 April 2013

sorry she is staying with her parents from 23 feb 2012 instead of "23 feb 2013"type error in second paragraph.

Tajobsindia (Senior Partner ) 01 May 2013

1. The problem here is that it is a case from UP.
2. Some days back I posted a Judgment of a HC where ‘quash’ was granted on alleged facts similar to yours, search it and may use it to seek quash from Ald. HC. But the moment you attempt to do that the HC will may send parties for mediation.
3. See your capacity during mediation and plan for amicable ending and suggested to carry forward with career building OR contest on material facts to its logical end

ajay sethi (lawyer) 01 May 2013

you have a good case on merits .Dv after divorce would not be maintanable .

2) instead of filing cases on your wife from delhi it would be advisable to concentrate your energies on existing cases .

3) quashing is your best bet . if you are released on bail you would need court permission to travel abroad as generally courts impose said condition while granting bail .

4) amicable settlement with ex wife is ideal solution

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 May 2013

Dear Querist

the court can not imposed the condition not to go to abroad at the time of granting bail, you can search the judgement in my profile/file, sorry Sethi Sahab I am not agree with you at this point.

You should file a Criminal Writ petition under article 226 of Constitution of India read with section 482 of Crpc Before allahabd high court and argu on the point Alibi, Alibi is the best defence, there is 99% chance for quashing this FIR against all of you.

As you inform that you are in Delhi and your child is with her, if you want custody of your child you have to filed the case in UP because the jurisdiction is in UP where the CHild residing.

DV case can not be file/maintanable after one year as per SC Judgement

Feel Free to Call

Harrassed (accountant) 09 May 2013

Now i left india and sitting in europe....498a still in police station and police will take time to file chargesheet.as divorce is already happened.

Date for DV is next week which was filed after divorce and my adv will file my reply.I have signed his waqalatnama.gv evidences to him.

As my parents also named in DVC so my father will go to court with my uncles.Is it fine.

If i am not attending DV hearing.All things have been explained above.

New thing is that i Just left india..:-)

Sudhir Kumar, Advocate (Advocate) 03 June 2013

the advocate in access of full facts can advise you propoerly. one does not need to be physically present at the crim e sit e to be participant in crime. please come with full facts as to what are the allegation and how long you had been away at hyderabad.