needs valuable advice and some judgements to fight DV and 498A case
brief fact:
Married in 2006, wife qualified as CA and MBA finance working in PSU at managerial level, after birth of child wife went to stay with their parents in 2011, not ready to join matrimonial home after many efforts.
In June 2013 sent mail with draft application of mutual divorce which i refused to entertain for sake of child's welfare. later there family sent sms to my parents for dire consequences (sms preserved) for not signing divorce. and in sep 2013 wife filed divorce case in my city got summon in feb 2014.
March 2014 she filed complaint before CAW in her city i appeared in CAW proceeding and objected to continue proceeding in CAW since by that time mediation was going on in family court in divorce case and difference was only on the ground of custody of child and visitation right where mediator inclined to give me visiting rights twice in months against my demand of four times.
on the advice of police wife withdrawn divorce case and CAW complaint culminated into FIR u/s 498A and 406 against me and my parents, myself taken regular bail and after investigation charge sheet filed only against me, no chargesheet against parents so only charge framed against me and matter post for evidence.
oct 2014 i filed suit for divorce on the ground of cruelty and desertion
have plan to (1) file girl child 3+ yrs custody and interim visitation and (2) defamation against all the family members in my city
after that wife filed application before protection officer under DV act in sep 2014, both appeared she wanted to join me on condition that i shift to her city which i refused and said i want divorce since she filed false 498A
April 2015 received summon in DV act in the name of all the parties mentioned in 498A 406. allegation are same in 498A and DV act case, no supporting proof and Domestic Incident Report annexed with application.
my query
should I, how and where, i can challenge summon issued against my parents on similar allegation where police already investigated the said allegation and choosen not to file chargesheet in 498A 406 case.
is there any judgement on this ?
whether any limitation applied for filing dv complaint after 3 years of sepration, where suggestion came from wife for mutual divorce, then divorce petition later withdrawn with liberty to file in her city, false 498 A case and when failed to extarct anything filed dv case
thanks and regards
