Advice against false 498a & d.v.case filed by wife after marriage of 11 yrs.
KIRAN
(Querist) 07 December 2013
This query is : Resolved
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2011.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)Any other ur valuable advice to win this case.
Thanking you sir.
Regards.
Devajyoti Barman
(Expert) 07 December 2013
1. Court can always modify the interim amount. In your case it is likely to be increased.
2.Yes, you would get visitation rights.
3. You can but result is unlikely.
4.It is now too late.
5.It would have better had the history been mentioned.
6. negligible.
7. It is of no help now.
8. Mediation is not compulsory.
9.it is your call.
10.yes
11. fight on merit.
12.all the best.
R.K Nanda
(Expert) 07 December 2013
no more to add.
Rajendra K Goyal
(Expert) 08 December 2013
i) It can be increased.
ii) Yes , you should, likely to get.
iii) You should.
iv) You can.
v) Better all should be mentioned.
vi) % as per history is discouraging.
vii) Depends upon you, you would have to attend no. of inquiries.
viii) Not necessary.
ix) You should.
x) Not advised to open new fronts till presents are over.
xi) Defend the cases
xii) Nil
ajay sethi
(Expert) 08 December 2013
agree with experts
Biswanath Roy
(Expert) 09 December 2013
The facts stated in your queries are not clear in as much as after a long married life how these incidents cropped up. However, bear it in mind some salient features of Sec.498A
IPC. Firstly, the Virus of Sec.498A IPC was assailed in a Delhi case and the Single Judge was moved to refer the question of virus to a larger Bench on the ground that in view of Sec.4, Dowry Prohibition Act, Sec.498A IPC, is violative of Article 20[2] Constitution of India providing the bar to double zeopardy. Secondly, allegation under the scope and purview of Sec.498A, IPC after a lapse of peaceful married life of long 11 years is doubtful. In the event of such a position you are being advised to lodge a complaint to your local Police Station, and Commissioner of Police for threatening you and your family members for multiplying criminal cases falsely for harassment which is being cooked up at instigation of your in laws and by taking copies of those complaint you can file an application u/s.155[2] Cr.P.C. before the Magistrate for direction upon the O.C. of your Police Station to investigate in the matter of YOUR COMPLAINT.
Raj Kumar Makkad
(Expert) 09 December 2013
I have also the similar opinion as expressed above.
KIRAN
(Querist) 10 December 2013
ok thanks a lot for valuable advice sir.
1)sir, should i search for any suitable life partner on leave in relation basis now ? ( as i m alone now & nobody to take care of me & my 72yrs aged father.My mother is expired before 11 yrs. my father was staying with me. but due to harassment from my wife,my father is staying alone at native place.)
2)What precaution should i take to search new life partner?
3)Should i make agreement with her ? What condition should i put?
4)should i file case for divorse & child custody(girl 10yrs & boy 8 yrs)combined or separately?
Biswanath Roy
(Expert) 10 December 2013
You stated in your query that your father is not staying with you if that is so how you can claim that in absence of your wife there is none to take care of him? You are at liberty to do whatever you like even you can live-in with any other girl of your choice , no harm. But think for a while that you have two innocent kids whom you brought on this earth they are in no way connected with the present situation of squabble. What will be their fate? Do you think you have no responsibility as a father?
Devajyoti Barman
(Expert) 12 December 2013
1. You can not stay in live in relationship.
2.Wait till divorce is granted.
3.No amount of clauses in any agreement can save you.
4.yes.
