Dear Sir,
My cousin is qualified doctor and married to doctor girl and is living in Joint family with his father and younger brother in Delhi.After few years of marriage his wife left the matrimonial home and thereafter she served legal notice and demanded huge gold and cash from him and threatened to implicate in false cases.My cousin filed the anticipatory bail on the basis of the legal notice. The police gave clean chit as there was no FIR was lodged against him.The Session court treated the application as Infructuous.My cousin later file the application for restitution before District Court.When the matter was pending his wife started harrssing him through mediation center who served various notices to whom again he replied them satisfactorily.Finally District Court directed her to join him and he withdraw the Application..The behvaior of his wife during stay became more aggressive she stated making false allegations on him and his family and called Local area of women cell which too didn't find any merits of her allegations and she again left the matrimonial homeand after 8 months she came back and made certain demands which my cousin refused to comply.She then approach to the home town police cell at Haryana.The Haryana Police contacted him on Telephone and he explained the whole situation and the police too apparently convince with his version And Now my cousin has served her the legal Notice for Mutual Divorce
Now I have the following queries
1 whether she can file the Police complaint under 498-A in her home town at Haryana .My cousin Matrimonial home is located in Delhi and he never visted her home town after marriaage?
2 If he files case for divorce( not by Mutual Consent), whether his wife can file case u/s 498-A when the matter will pending before the Courts?
3 His wife is making invariable stands and wants to implicate him and his family in false case of dowry harssement, Whether moving any sort of writ petition before High Court will going to help as he and his family lives under constant fear of being implicated u/s 498-A and his wife without any regret is openly misusing the law?
Thanking you
