Dear Experts
I am victim of false Domestic Violence, I got married in 14Apr 2011,we have a little baby boy 1 Year 9 Months, My wife is not living with my since 26 Aug 2012, we tried a lots for come back to me, but i was unable to do the same. Then i filed a Section - 9 Hindu Marriage Act in 2 Sep 2013 at my living place (same place from she leaved me, i am private job holder its not my parental house we both lived here) from here court send her SAMMAN 2 times but postmen mention that she was not in the house/house locked & finally court give us an order that do publication in her area newspaper & i did the same & coming hearing date is 20 Jan 2014 & after this she filed a Domestic Violence & Maintenance 125 case against me in 27 Sep 2013 & she also covered my father (He is handicapped - in 1976 he had an accident in which he lost his half left leg),my mother (after come to know all this court cases she is going under depression Doctors r giving her that type of medicine), my younger sister who is married (living out of india since Aug 2011) & my younger brother living with my parents.
And she also mention in her plaint that she is not with me since 26 Aug 2012 so i want to know few things as per below -
1.) What's the mean / type of these Dhaara's under Domestic Violence - 12, 18, 19, 20 & 22 ?
2.) Is it possible that i can request to court/judge that her case/application should be Dismissed due to Section 468 (we are living separate more than one year) / or any other time barred ruling & 2nd it's a counter filed only ?
3.) Can you please give me any web link from where i can get Supreme Court Ruling & same ruling from UP High Court in which its clear that if wife didn't filed any case with in a year after living separately and after that she filed counterblast against his husband & his family then Supreme Court (and also same ruling from UP High Court) had Dismissed her case as per time limitation / time barred ruling? Kindly give link for both Supreme Court & same for UP High Court.
4.) Is there any arresting or any bail procedure which i should follow at beginning of the case?
5.) As i have told you that my father is handicapped, my sister is living out of INDIA & my mother is under the impression of Depression, my innocent younger brother, How can get them out from this case because she was not living with them? I don't know why she is doing all these things.
6.) One of her uncle said me that one of his brother is DIG in UP Police and he can arrest me in any false cases, should i give any application to her parental area SSP office because for the case which she filed i have to go there?
I didn't see my baby boy since 26 Aug 2012.
Kindly guide me with a bast option.
Thanks & Regards
Victim
