Dear Forum Members,
I need experts help badly in my case. I filed divorce petiion on disertion and crueality grounds. After receiving summons my wife filed 498a case allegating I am demending Rs. 3,00,000/- additional dowry or forcing her to give mutual divorce. I was arrested, later release on bail. Later she filed DV case against me. In DV case she didn't mentioned any dowry related harrasement though the dates and incidents are same. The major ground for her DV case is s*xual harrasment. The entire complaints in both the case are 100% contradicting. She did not mentioned any dowry related harrasement in DIR or any pending complaints though she filed 498a prior to that. Her application protection officer or in DIR there is no dowry related harrasment thoeugh the dates and incidents are same in 498a and DV case. Later she filed petition under 125 crpc for maintenance and interim maintenance.
She did not mentioned in her petition u/s 125 crpc that she already filed 498a or she was thrown by me due to dowry related harrasment. Also she did not mentioned that she already filed DV case and was thrown her out of my house by me due to any reasons mentioned in various violences mentioned in DIR.
She filed DV case only for compensation and maintenance. Not for initiating any criminal procedure.
All the three cases (498a, DV case and 125 crpc) the dates are same but grounds are different.
I need your valuable suggestions in:
1. How can I come out of all above cases at prima facia stage? Her complaints and petitions are proofs that all are false cases.
2. Do I need to face two trails for maintenance under DV act and 125 crpc for different reason though dates of violence are same in two different courts?
3. When first she filed a 498a case mentioning that she was thrown out the house on harrasment of additional dowry, the DV case on different grounds for thrown her out of the house is valid?
4. Vague allegations in DIR and in Individual application to PO without mentioning specific Time of violence is valid?
5. In 498a she mentioned two dates of harrasment for additional dowry demand of Rs. 3,00,000/- or forcing her to give mutual divorce. The same dates mentioned in her DV case for different violence other than dowry related. No dowry related harrasmet in her entire application to PO or in DIR though the period, incidents dates are same. Can she claim compensation under DV act on same dates of violence in 498a for different reasons?
6. Can she claim maintenance under 125 crpc on the grounds other than mentioned in 498a or in DV case without mentioning that she already filed 498a and DV case?
Experts please help me. I am getting harrased by the above false complaints and I want to come out of this nonsense as early as possible.
The status of the cases are;
Police filed chargesheet in 498a, officially papers not given to me .
DV case - received summons, I have to file counter
125 Crpc - Summons received, I have to apear on Aug 3, 2012.
I heard that I can file discharge petition in 498a case based on DIR and individual application to PO. My advocate is not sure under which section of Crpc he can file it. Please help me. I will be really thank full to you all. May be this is peculair and first time all of you seen/listened such cases.
