Dear Advocates,
I read an article on LawyersClubIndia about IPC_498-A, which mentioned the motives behind filing 498-A , as follows:-
* Making Money.
* To cover up for some mistakes.
* Guilt (Adultery)
* Disliking husband or inlaws.
* Extra Marital Affairs.
In my case, my cruel wife has done all of the above, and now using the 498-A to extract Rs. 65 Lacks.
BACKGROUND: (HINDU MARRIAGE, seperated since 2009, Wife is in Nasik, Husband in Goa) Wife is a Class-1 officer, Assistant Division Chief, and earns Rs. 84,000/per month + RS. 47,000 from the rented luxury flat in Bandra. But still filed for a maintenance case of Rs. 60,000 from her UNEMPLOYED husband !!!
HUSBAND: After having the first child husband/I got into a terrible accident and I am now unemployed and handicap. I dont kn ow for how long I can live on the pention of my old parents. I do touturing to earn a living of Rs. 7200/month, but have to pay Rs. 10,000 for the child maintenance.
QUESTION:-
(1) Wife left matrimonial house in 2009, so can she file for DV case in 2018? (NOTE: All fake / Fabricated alligation, but still.... I thought it has to filed within 2 years of any incidence happening !!!) Can she file DV case even when we have been living seperate from 2009, after 9 years of her desertion?
(2) Wife left house as she didnt wanted to take care of her handicap husband, but now is demanding Rs. 65 Lacks for final settlement, which I dont have, even if we sell our parental house. Can she keep harassing us until her extortion demands are met? What saving grace/law can be get support from?
(3) She is sending legal court notices from Nasik to Goa through the court for husband and his parents to appear all the time? So after couple of summons do we all get arrested? My parents are very very old and mostly bed-ridden, and I need support to walk due to my handicap status. Do we strictly have to apprear in the court, or our lawyer can represent us?
Please help. Please. Thank you in advance for your valuable time and suggestions.
Aarnav.
P.S. My lawyer had his leg surgery, and a rod has been put in his leg, so I couldnt get in touch with him. Thank you understanding.
