498a victim (job) 07 May 2017

Please advice

Respected all

As i have posted earlier

My wife has filed fake 498a case after leaving the home on her own

Now after one+ year of separation she has filed Dv case u/s 18,20,22,23, still notice has not serve to us so we have not appear in court

I have file 482 for both the cases, advocate of high court is my friend and he has told me that it is difficult to take out my nd my parents name from the case but as my brother is not living with us as well as my uncle aunty so he will remove their names from the cases

I would like to know that is DV case after 14 months of separation is maintanable.
actually i later came to know that there was MACP case going on in which my wifes name was there as vehicle owner and in judgement the judge has ordered to pay 2.8 lacs + interest to OP to all the three respondents, my wife might have to pay 1.25 lacs to OP and after this judgement she has file DV case stating to pay 1 lac compansation towards mental cruelity to her. will this advantage to us?

can my brother after aquital from 498a and DV case file defamation case??

Reply Follow

5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 May 2017

until and unless 498 -A case is decided on merits, one cannnot say whether, the complaint is false and vexatious or not. After the acquittal from the 498-A case, one can definetly lodge case claiming damages for malacious prosecution and defamation.

498a victim (job) 07 May 2017

Respected sir,

I know that it can be arise after case decide on merit but i need to know that i have file quash petition in the high court.

in case me my parents my brother and my uncle and aunty are written

if in quash petition name of my brother, and my uncle and aunty are removed than is it possible for my brother to file defamation case as he got the aquited from high court?

And one more thing it is a fake case and thats why i am fighting and will fight till end and going to win the case for sure.

498a victim (job) 07 May 2017

Originally posted by : autohide4u
	DV case is maintainable. It is run as civil proceedings and is very slow moving. Contest the case. Is she already getting maintenance? DV case usually ends after decision on interim maintenance. If she gets nothing then she stops attending dates. If she gets something she starts getting adjournments for stupid reasons to drag case as long as possible and make maximum money via maintenance.

Respected Auto hide

Case was filed on 22 march and till date we have not received any notice from court so we have not appeared yet

but we have decided not to bow down to them and fight it just because as i told above there was a judgement against her in MACP case the she or her father has to pay around 1.25 lacs as claim to OP and then after they have filed the case so i think this will be benificial for us bcos we were not told about this case before marriage

and still waiting for the ans that if in 482 case filed in high court if only my brother got aquitted than can he file any counter case against my inlaws?

chances are more because he was never in domestic relation with my wife after marriage and he is living far from us so just to put pressure on us they added his name....

Sachin (N.A) 08 May 2017

There was no need to file quash petition in DV Act, you could have filed the discharge application in trial court also. Even your family don't do anything for discharge, trial court is not going to pass any adverse order against them. Court will only grant exparty orders against non appearing respondents and proceed further.

Only husband should contest DV Act case in trial court on merits.