Advice reg. withdrawal of appeal filed in session court against d.v.judgement
KIRAN
(Querist) 09 February 2015
This query is : Resolved
Respected Sir / Madam,
1) I m a Govt. servent & my wife is housewife.We married in 2001. We have 2 kids one girl 12 yrs & one boy 10 yrs.Our married life was happy but there was interefence of her relatives.
2) In 2012 ( after 11yrs married life), my wife with 2 kids left my house willingly & immdtly after 15 days she filed false D.V case against us.
3)In 2013 (after 1 yr),I brought her to my house after compromised through Mahila sahayya kendra.We stayed together happily for 4 months. But she was not ready to withdraw D.V case & kept pressure on me.
4)Magistrate also suggested her to withdraw the case but she refused & from that day she was staying with her parents.
5) Then she filed false 498A case against me & my other six fmy. members.We challenged that FIR in High court. H/C had quashed the FIR against all six fmy. members except me. I have to face the trial.
6)She had not given any proof/evidence/ witness to prove D.V.
7)Now,D.V order is recd.on 01.12.2014 to pay maintenance for Rs 3000/-per month to my wife ( & 2kids)from dt. of order & compensation for Rs 50000/-to my wife due to physical & mental harrasment.
8)I have made Appeal in session court against that D.V. order as she had not given any proof to prove D.v.
9)(As court had given very less mntce to her.)After D.V. order my wife with both the kids iilegally entered in my house by breaking lock & door in absence of me.I have register complaint in police station against her. They have issued N.C But denied to register FIR since there no Divorse.
10)Now my wife with both the kids are stayiny with me. She has given formal evidence & denied allegations to withdraw 498A & wants to stay with me.
But I am afraiding she may register any false allegations against me in future.She is not accepting that her allegations are false & giving blame to me & my relatives who was not staying with us.
Kindly advice me,
i)can I take Affidavit/agreement from her for not to make any false complaint in future? What is procedure?
ii) Should I withdraw appeal to D.V. order?OR should i Keep appeal pending? Or continue the appeal proceeding in order to remove false D.V charges against me?or what is the procedure?
iii)Any other favourable advice for my safe side.
Sorry for long detailed history for better advice.
Thanks in advance.
Regards.
P. Venu
(Expert) 10 February 2015
Any agreement or affidavit cannot prevent her filing the FIR, if she choose to do so.
Do not withdraw, the appeal; let her compromise.
Rajendra K Goyal
(Expert) 11 February 2015
An affidavit can not stop filing FIR or registering case.
Withdrawal of case is not recommended.
KIRAN
(Querist) 12 February 2015
Thanks sir for kind advice. Now i will not withdraw the D.V. Appeal. kindly advice me,
i)Should I continue the proceeding of appeal? or keep pending appeal?
ii)What action should i suggest my wife after receiving appeal summens to her?( she is not knowing that i have filed appeal against D.v order.)
iii) Any other favourable advice.
Thanks a lot. warm Regards.
Kiran
T. Kalaiselvan, Advocate
(Expert) 12 February 2015
Yes, you have to proceed with he appeal so that she will realise that she cannot always rule you;
Since DV case is a continuous offence and also she has a taste of filing a case already against you, she might resort to such legal action in the future too over petty and sundry issues, hence this appeal will be a strong message to her that she will hesitate to initiate any legal action in the future for the fear of being challenged.
KIRAN
(Querist) 13 February 2015
Thanks a lot adv. T. Kalaiselvan sir, for booster to me. Now, I will ask my lawyer to continue the appeal proceeding.
Sir kindly advice me
i)What action should i suggest my wife after receiving appeal summens to her?
ii)She has to youngage Lawyer or Should I ask her to withdraw all false D.V. Allegations made by her & to take affidavitthat she will not file any false allegations in future.
iii) Any other favourable advice.
Thanks a lot. warm Regards.
