Domestic violence and dowry case
Pavan
(Querist) 19 March 2012
This query is : Resolved
D/Sir,
My wife was living seperately since 2007, soon after our marriage and never come to my house to stay . She had visited 5-6 times in last 5 years and we had a male child 4 years old. My son is living with my inlaws and they are preventing me forcefully to meet my child. Also, my wife is refusing to come to my house and live. She is working in a private company and earning Rs. 15000.00 per month.
We had tried to persuade her through different means ( relatives and friends ) but, failed to get back her into our house.
I had filed a petition undersection 9 in a family court in Indore in Jan.12. After recieving the notice , she had filed a another case of 498 and Dowry against my parents and sisters ( married ).
I want to know whether this false case will be heard in the court or it can be rejected by the court and can be directed to family court for merging it with old case of Sec. 9.
What step should I take immediately to counter this problem ? PLease suggest.
Thanks
ajay sethi
(Expert) 19 March 2012
you have to contest the 498 A case .prove that allegations are false .
your wife cannnot deny you visitation rights . you cna move court for your visitation rights .
the case filed by your wife is a retaliatory measure against case filed by you .
contact a local lawyer
G. ARAVINTHAN
(Expert) 19 March 2012
defend the case on hand and at the same time you can chose to initiate other remedies such as visitation rights
Raj Kumar Makkad
(Expert) 19 March 2012
All cases are of the separate nature which cannot be clubbed and are to be defended vigorously and effectively with the advice of your lawyers.
You can get rights to visit your child as this right cannot be taken from you being father of your child.
Shonee Kapoor
(Expert) 19 March 2012
I agree with Ld. Sethi but ob one aspect.
Let her prove what she said, defence evidence in criminal trial is very rare.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
