I am a nri staying outside india, My wife has filed a 498a case about 4 years ago and the case has not moved ahead
She also filed dv act case which is in progress now,
in dv act,
she calimed maintenance and before her appreance she filed for interim maintenance , she mentioned that she is not working, i then filed for crpc91 , to which she replied with her salary sliip , so her interim maintenance got rejected.
now her cross is over and she has given different answers than mentioned in her petition and its my turn to deposit my evidence.
1) do i have come to india for evidence depostion ? can POA not do depostion of evidence and can it not be exhibited by poa ? since its dv is a civil case
2) Since 498a is filed as a private complaint , do i need to get AB and mention no arrest and no impoundation of passport if i have to come to india for dv act case
3) in dv act, her evidence are not proving much , and she filed dv act after 1 year she left me , recently there was a judgement in bombay high court that dv cannot be filed after 1 year of seperatation
4) should i file for discharge in dv act based on the judgment and under sec 245 as her evidence is not proving any thing and she has come with unclean hands as her interim maintenance got rejected due to unclean hands
5) will discharge under sec 245 effect the dv case as its my turn for evidence depostion .
6) since 498a case has not moved for 4 years now can i file for discharge in 498a also ?
Pls advise on above points