Dear Experts,
Request you to kindly go thru my case briefly mentioned and provide me your valuable suggestions.
I am married on 17-May-2009 at Rayagada, Orissa State, this is an arranged marriage and we stayed for sometime at Visakhapatnam,Andhra Pradesh. After a while I went on project work to delhi on 21-Oct-2009 my wife left the house with her father and sister on 21-Nov-2009 citing her mother is unwell, after calling her couple of times her father informed that I should come and take her to my house. I am deputed on official work in Delhi on project work, and I came in December but she did not agree to come and again in February 2010 I went to Rayagada and requested her to come home but she refused stating she doesn't want to continue our marriage.
While I was away in Delhi on project, On 19-May-2010 she filed a 498a case against me and my parents at Rayagada, Orissa state, filing a false dowry harashment case. While I am away in Delhi, the Rayagada Police came to my house with her brother on 13-July-2010 and informed my parents that 498a case has been filed by my wife and took my parents to Rayagada. I immediately returned from Delhi and was taken into police custody on 13-July2010. As we dont have any relatives/friends in Rayagada, my parents got bail on personal bond and I was kept in police custody for 8 days and later released on personal bond.
1. Can I file a petition in the high court to quash the FIR on jursdition grounds (marriage happend&case filed in Rayagada,Orissa state while we are staying in Visakhapatnam,AP?
2. The 498a case has been fabricated, what steps can I take in this matter?
3. In the 498a case at Rayagada till now the chargesheet has not been filed by the police, in general, how long a charge sheet need to be filed for 498a case.
4. She did her B.Com, MBA and was woking before and after marriage, she filed for maintenance case claiming Rs 50,000/- per month, She mentioned that she is not working currently and needs maintenance, can I file a counter to cancel the same? Today (20-Dec-2011) the divorce and maintenance case has been referred to Lokadalat for 20-Jan-2012. How long it will take and What needs to be done?
5. She and the police from Rayagada had sent the 498a case documents to my MNC company, which has been informed by my manager verbally (I had been employed for mre then 4+yrs here with a good performance rating every year) and subsequently my company citing performance reasons requested me to resign in May2011. Right now I dont have a job. Can I file a petition for requesting maintenance from wife?
6. I had come across various judgements where wife is not allowed maintenance for educated wife, at what point of the case these references need to be used? Can this be mentioned with Lokadalat?
7. Can police register a 498a case based on the complaint/petitioner request or is there any set of rules for filing the same? Should they intimate the persons before filing the case. Is there any process to be followed before registering the case or taken into custody?
8. I have some sms she had sent me intimating she didnt want to stay with me, can I produce the same to court?
9. If any decision comes from Lokadalat on divorce/maintenance case, how to proceed with the 498a case?
10. As I am not part of my company anymore, I tried to get the info from my company but they are not sharing the same. How to get information from my company about the case documents sent my MD, as it is a private company they are not willing to share the same. What process to be followed to get the details?
Request you to kindly provide me your valuable suggestions for my case.
Best Regards,
Mahesh
