Estranged wife left marital home in May'2010 and filed for divorce under 13(ia) in July'2010. She left the house on flimsy grounds and never returned inspite of several requests and pleas. I filed for RCR in Aug'2010. Both these cases are going on in the family court and I am even paying her maintenance. We have a small kid who is 2 yrs old.
Now the lady has lodged a 498 complaint aginast me and old parents (both above 70 yrs). The police arrested us without even giving us a copy of the FIR. No attempt was made to have any kind of counselling session. We got bail the next day, however we had to go through all this for no fault of our's. The lady is desparate for a divorce and has filed this complaint in order to expedite the divorce. I am not aware of exact details of her complaints in her FIR, but with all probability she has made false stories of we haressing her for dowry.
Another aspect is that the lady never mentioned any dowry related complaint in her divorce petition. She however had claimed that I used to beat her( which again is false)
I have the following questions
1) When and from where can we get a copy of the FIR?
2) What will be the next course of action by the police as far as 498 goes? Will they file a chargesheet? They have not taken our statements till date.
3) Can the false 498 complaint be quashed? What is the procedure to do so?
4) If the trial starts, on whom does the onus lie to give evidence of the complaints? For e.g. if the lady says she paid the family 20 lac cash, doesn't she have to prove it?
5) She has misused the law and put me and my parents under arrest to fast track her divorce. Isn't there any section on which I can file a complaint stating that her 498 complaint is false?
Please advise me as soon as possible
