Is DV case maintainable after 1.5 years long physical separation? My wife left me with my 01 month old son against my will to her parental house 1.5 years back. She has not returned even upon repeated requests. My parents live separately in their own house 1200 Km away from my place and spent very very little timespan with my wife. My wife has not kept any contact with us and denied all information about well-being of my son. She has neither visited my parents house in this period. 6 months ago she threatened me on phone about lodging false 498A and DV case on the ground of mental torture. We never demanded dowry any time from them and I can prove that. Rather I have sent Rs. 1,20,000 for the expenses of my son and wife staying in her parental house. Please clarify:
(1) Who does bear burden of proof in false 498A, the petitioner/respondent/law agencies??
(2) Who does bear burden of proof in false DV, the petitioner/respondent/law agencies??
(3) Who does bear burden of proof in false 406, the petitioner/respondent/law agencies??
(4) Due to her such nature and constant abuse, I have stopped even telephonic conversation since 5 months. Still can she maintain DV case against me/my family after such a long gap and without any valid proof?? She has not yet lodged FIR as per my knowledge.
(5) Is it possible for her to lodge a complaint to police stn/court in the city of her parental house even without my knowledge/me getting informed?? Is it mandatory for the law agencies to ensure that the respondent is informed about the lodged complaint or can it be manipulated to suppress the summon???
(6) In 498A case, is there any prima facie police enquiry mandatory before any FIR/arrest takes place or police can outright arrest me or my innocent parents staying abroad on anyones fake 498A allegations??
(7) How can I immune myself against any other possible fresh fake allegations by my wife if she happens to agree to co-habitat with me in future?
(8) Is it safe to call her on phone or go to her parental home to meet her and meet my son??