Dear Experts, I need your valuable advice.
Without much descripttion, here is the fact that I have received the Allahabad Family Court Order Copy through the Advocate of my wife on behalf of her. As per the letter, my wife charged me n my family in Domestic Violence and booked me under the Section 23, Protection the Women from Domestic Violence. In the court order, court has directed me to pay the interim expense to my wife till the disposal of the case. I was surprise how it is possible that without intimation to me court has been entertain the case and without giving me a fare opportunity to defend myself, how court has been ordered against me.
The real fact is I am living in Delhi and was married in November 2010. My wife was from Allahabad and my marriage place was the same. After the marriage we both (me and my wife) living together in Delhi with my parents. No child has been born out this relationship till the date. After the marriage my MIL create the lot of disturbance in my family and making regular interference, dominating and manipulating me. I try to clear the disturbance but all waste. Finally after the 8 month of my marriage, in July 2011, my wife leave the house due to the following custom ritual and not back yet and not showed her willingness to come back till the date. I try to come back her but my MIL got aggressive and threat me to implicating in false case. Due to the seriousness of this matter I serve her notice first and then file the petition under Section 9 (RCR) in December 2011. IN the reply of my very first notice (that I was got after filing the RCR petition), she has allegation the serious charge i.e 498A & DV Act. on me and my family. In the meanwhile she has not appeared in any hearing and defends herself against Section 9 filed by me. I got the ex-parte decision in favor of me from Delhi Court in May, 2013.
After receiving the Delhi Court Order on May 2013, I have received some several Threats from Allahabad Women Cell continuously 15 days and after time to time by another lady inspector about to force me to come at Allahabad without any summons/written communication. I denied to going there without getting any official written notice/summons and serve the copy of Court Orders and other necessary documents to Woman Cell and other Higher Police authorities to stop the fake calling from Allahabad Women Cell.
Now she filed the fraud case and hiding the actual facts intentionally to the judge for getting the monthly expenses for their livelihood. I furnish the details along with my earning details and court orders that I get from Delhi Courts against her. Kindly advice me:
- What will happen If my letter (furnish with all details) will not be delivered on time due to court summer vacation.
- How we will quash the case as we have enough proofs to defend myself from the serious charges leveled by my wife on me.
- If she was lived with me in Delhi then how it is possible that Allahabad Court entertain the DV case in their court as the cause place was Delhi and the Jurisdiction Area is Delhi.
- Can we challenge the Section – 23, in which the law have power to hear the one sided case.
- All the allegations by my wife are false and concealed the real facts from Magistrate and I enclosed the relevant proofs to defend me.
