Advice against false d.v. case & 498 a case
KIRAN
(Querist) 25 January 2014
This query is : Resolved
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2001.we have 2 kids, one girl 10 yrs& one boy of 8 yrs.
3)I have 4 married sisters & father not stayiny with me.
4)I m well setteled& haviny own house at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient. there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.
6)During last 5 yrs,3-4 times compromised has been done bet.us.
7)In December 2011, my wife had stolen all my original land, flat agreements, ATM Cards cheque books ,cash, gold etc.(afterwards some i found it).I have made complaint to police station about this.
8) On that day,she called her parents & relatives to my house from their native place.They came to my house & They were shouting in my house infront of neighbours till mid night.
9)My wife(with my kids)left my house willingly alongwith her parents&relatives on 31/12/2011.After 3-4 days i have made complaint to police station about this.
10)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
11)We had submitted our says in court.Magistrate had conducted counceiling 3-4 timesbut failed.
12)Then my wife moved application to Mahila Sahayya kendra.
13)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
14)We started our married life again.All were happy but there was interference of her relatives.
15)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court.
16)Magistrate had also suggested her to withdraw case but she refused.Then Magistrate had given option to withdraw case&live with husband or stay at ur parent & proceed the case in court.
17)From that day (24/05/2013),she & kids are at her parens house.
18)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs for purchase of flat & bitten them at her parents house.
19)All we got A.Bell & chargeshit is filed
20)We filed petition for quashing FIR & chargeshit in H C. It is admitted&exemption order is passed for all other members except me for lower court.Summons is received by her.
21)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids against her demand of Rs 25k.PM.I had paid mntc amt.4 times.
My Gross salary is 70k & Net payable amt is 20k (after all loan&other deductions).
22) she had made appeal to SC against this mntc order.I received summons .
23)Meanwhile my wife had issued false Public notice in N/P that I ignored them as nominees & selling properties.
24)Now D V case is for Evidence & her cross examination is to be start on next date.
Now kindly advice me,
i)Should i submit all proofs / documents to the court before her cross examination of D.V ? or submit after her cross examination ?
ii)Should Lawyer prepare points/questions on paper before cross examination or take cross examination directly in court ?
iii) Should i make application to visit my kids u/s 21 of D.V act now?or submit afterwards?
iv)Shouid we make application to remove names of my married sister& father since they r not stayiny with me as per def. of family u/s of D V act.
v)What precaution should we take for taking her cross examination?.
vi)Kindly advice for best cross examination since she had left husbands house wilingly & desertion is from her side.
vii)What should be our stand against her appeal for interim maintenance in S/C?
viii)If I apply for child custody,is she eligible for any other maintenance other than D.V. maintenance?
ix)shouid I apply for divorce now or wait for some time after quashing 498a & D.V.case is over.
x) What precaution should I take reg. my properties before filing Divorse case ?
xi)Any other ur valuable advice to win this case.
Thanking you sir.
Regards.
Devajyoti Barman
(Expert) 25 January 2014
1. Better produce the documents during your evidence. Now she may get prepared and may try to come up with some other excuse.
2.Better prepare before on paper in consultation with you.
3.Yes can submit now.
4.no point, it is permissible.
5.Do not disclose any document you are going to reply.
6.Only conducting lawyer can do so.
7.Papers needs to be seen for this.Income proof is one major factor.
8.No.
9.You can do so now.
10.If possible dispose those of.
11. all the best.
R.K Nanda
(Expert) 25 January 2014
take help of lawyer.
ajay sethi
(Expert) 25 January 2014
submit all documents in your evidence .
it is always better for lawyer to prepare for cross examination of complainant in advance .
mke application for visitation rights .
you can make application for discharge of your married sisters if you so desire
youcan file for divorce if you so desire .
ajay sethi
(Expert) 25 January 2014
submit all documents in your evidence .
it is always better for lawyer to prepare for cross examination of complainant in advance .
mke application for visitation rights .
you can make application for discharge of your married sisters if you so desire
youcan file for divorce if you so desire .
Rajendra K Goyal
(Expert) 25 January 2014
Well advised by the expert, agree to it.
Raj Kumar Makkad
(Expert) 26 January 2014
You have rightly been advised in detail.
KIRAN
(Querist) 27 January 2014
Thanks a lot to all Lawyers for valuable advise....Warm Regards.
...Kiran.
ajay sethi
(Expert) 27 January 2014
thanks for your appreciation
KIRAN
(Querist) 06 February 2014
Sir,kindly advice the following.
1)How to take cross exam.in D.V.case?
2) Important points for cross examination.
3)Which documents should i call from police station reg.498A FIR such as complaint letter, counceiling done or not?
4)As per the direction 0f govt./high court/ supreme court counceiling is compulsory before FIR or not?
Thanking you in advance.
T. Kalaiselvan, Advocate
(Expert) 26 January 2014
