Wife first filed a 498a complaint in local police station. The local police station after investigating both the sides and after seeing few of the chat conversations between husband and wife and other evidence, felt this complain was a false complaint and understood the fact that the wife, her parents are using 498a as a tool to extract money from boys side. The local police station did not file any FIR and has closed the complaint stating that its false complaint and asked the husband and wife to go counselling and reunion.
Even though the husband is ready for reunion and conselling , since wife, her parent are not interested as it has gone too far (till police station) and her parents motive being to extract money to secure themself financially as they come from lower middle class family.
Later on Wife files a case under DV act in court for maintenance and also claims that her husband is impotent.
When DV case is inprogress for past 2 months, now the wife is planning to go for a private 498a complaint in front of magistrate.
1) Can she now again go for a private 498a complaint, when the first 498a complaint which was filed in local police was already closed stating it was false complaint?
2) if 'yes', can this private complaint lead to FIR against husband and aged old parents or will magistrate consider the previous complain which was closed stating as 'false complain' by local police station before a FIR filed against husband & parents and arrest is made ?
3) since husband has few concrete evidence on few of the allegations made by wife in those complaints are false. Can he file a case of perjury and defamation against wife at this stage or wait for 498a case and DV case to complete before the husband goes and files perjury and defamation against wife?
4) What are the advantages and disadvantages of filing perjury and defamation when 498a and DV in progress against filing the above 2 cases(against wife) after 498a and DV cases are completed?
5)Is there any time limit for filing defamation and perjury? if so how many years?. (can the husband even file defamation and perjury after 2 to 3 years from the date of incident)
