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dhruv (other)     16 July 2013

Pwdva maintenance in a separate state than police complaint?

My wife filed for maintenance in mahila court in a separate state under section 12,17,18,19,20,22,23.

11 years of marriage with 2 kids.

She filed police complaint near her parents home in the adjacent state where I live too although in a different district.

The police officer is saying now that he will return the application/complaint with the reason that the matter is already in court. If the police had proceeded then it would have gone the 498a way.

Is this good for me? I logically think that if compromise is not acheived in mediation the mahila court can ask frame 498a against me in future.

All charges are baseless and done to pressurise me to bend in front of my wife and in laws illegal demands.

We had sent a registered letter to her father asking them to send her back for sake of marriage and kids school education which they disturbed a couple of days after they took her and snatched my children away from me.

Questions:

A) Can this speed posted letter give us the first movers advantage. We did not file RCR instantly due to near death circumstance of my mother in our home during the time. But within 2 weeks of their filing DV act against us for maintenance we filed the RCR and added the speed posted letters from my side as supporting documents.

B) What can be inferred from their strategy of filing maintenance first and then registering complaint in police later that too in 2 different jurisdictions? In the police complaint they seem to have hidden the fact that they have approached mahila court.

C) If police returned their complaint on basis of already proceeding court cases. Is this a plus point for us? Can this be revived later from court in a different state.

I am confident of defending myself due to sufficient proofs on my side. However only problem is the harassment and currently my children being away from me. So far have not given any proofs to the police apart from my verbal explanation of the motivations of my wife and in laws.

 

 



Learning

 8 Replies

dhruv (other)     17 July 2013

bumping it up for view of the experts.

dhruv (other)     17 July 2013

I mean the my wife is claiming maintenance, compensation, dwelling etc under the domestic violence act 2005.

Please experts could you offer your opinions.


(Guest)
Originally posted by : dhruv


My wife filed for maintenance in mahila court in a separate state under section 12,17,18,19,20,22,23.

11 years of marriage with 2 kids.

She filed police complaint near her parents home in the adjacent state where I live too although in a different district.

The police officer is saying now that he will return the application/complaint with the reason that the matter is already in court. If the police had proceeded then it would have gone the 498a way.

Is this good for me? I logically think that if compromise is not acheived in mediation the mahila court can ask frame 498a against me in future.

All charges are baseless and done to pressurise me to bend in front of my wife and in laws illegal demands.

We had sent a registered letter to her father asking them to send her back for sake of marriage and kids school education which they disturbed a couple of days after they took her and snatched my children away from me.

Questions:


A) Can this speed posted letter give us the first movers advantage. We did not file RCR instantly due to near death circumstance of my mother in our home during the time. But within 2 weeks of their filing DV act against us for maintenance we filed the RCR and added the speed posted letters from my side as supporting documents.

Questoin:-  What can be inferred from their strategy of filing maintenance first and then registering complaint in police later that too in 2 different jurisdictions? In the police complaint they seem to have hidden the fact that they have approached mahila court.

Answer:  They want to harass you, they want you to come and fall at their feet, ask apology, lick their footwear and give them money, loads of it to get rid of them.  You heard it here, first.


C) If police returned their complaint on basis of already proceeding court cases. Is this a plus point for us? Can this be revived later from court in a different state.

I am confident of defending myself due to sufficient proofs on my side. However only problem is the harassment and currently my children being away from me. So far have not given any proofs to the police apart from my verbal explanation of the motivations of my wife and in laws.

 

 

Nothing more than that can be inferred!  Ask her how much she wants in cash, problem will be solved within minutes !

1 Like

dhruv (other)     18 July 2013

Thanks LA.

After my in-laws carried away my wife and children, I sent a personal speed posted letter to them asking her to rejoin with me. They filed DV case instead. THen we filed RCR.

Very important question is : will our speed posted letter asking her to rejoin me give me the first movers advantage?


(Guest)
Originally posted by : dhruv

Thanks LA.

After my in-laws carried away my wife and children, I sent a personal speed posted letter to them asking her to rejoin with me. They filed DV case instead. THen we filed RCR.

Very important question is : will our speed posted letter asking her to rejoin me give me the first movers advantage?


Yes.

But, you should have sent RPAD.


However, get details of such speed post ,contact post master general's office.

1 Like

Adv k . mahesh (advocate)     18 July 2013

RPAD or Speed post is acceptable by the court and being first mover you have benefit and some times such steps will be on merits 

about the cash let them come with a figure do not stress your self to tell that you would offer because if the move starts from them it will be clear and also if you first quote a figure then you do not have negotiations 

1 Like

dhruv (other)     18 July 2013

not planning to give them any cash, but fight the case on merits.

dhruv (other)     18 July 2013

Is it a plus point to point out in court that they filed a separate police complaint that too in a separate jurisdiction from court. The police are planning to "return" the complaint (or does it mean it will be in the cold bin) pending court decision.


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