Hello Experts,
I am from xyz city and she is from abc town 200kms away from my city(matrimonial home). We both are software engineer working in different companies in same city. We got arranged marriage last year feb 2013. After honeymoon (consummated) she started to show her real character by harassing me and my mother mentally and denied conjugal rights (no kids till now). She started demanding to shift the house to rented premises near her working place as she cannot travel to which somehow I managed to convince my mother and shifted to rental premises with my mother and mentally challenged sister (Unmarried).After 2 months she went to her hometown and she filed a false 498a complaint against me and my old age mother near local PS stating all false allegations and I have to come and take her from her hometown and accept all her terms and conditions and sign on bond paper. I got alerted by her and her family cruel plan and shifted back to my home and decided to convince her to come back but she demanded me and my mother to come to her parents’ house and sign on her terms and conditions else she will use police power against me and my mother. I didn’t care of her threat and was filing RCR. But due to my brother (lives separately) interference she joined my company on condition that I have to stay separately leaving my old aged mother and mentally challenged sister. Since I wanted to save my matrimonial life and give her a chance, I took rented premises near my own house(fathers property) and brother's house so that I can take care of my old aged mother and lead my matrimonial life happily at least now. But to my surprise she used to call daily her parents and used to disgrace me and my family members in front of me by using filthy language (Audio Recording Available). Fed up with her I had a quarrel on petty issue and she made a big issue like I am harassing her and she called her brother and she and her brother threw me from the rented house in front of all the neighbours(witness). I didn’t wanted to fight with them as she wanted me to do that only, but my brother wanted to settle the matter amicably and called her parents to come and settle the matter in front of elders, but they didn’t come up and was wasting our time. To her cruelty I decided to give complaint in local PS but as usual they didn’t accept so sent through RPAD to local SHO, CCing to CP, ACP stating all the incident. After receiving complaint police took action and went to rented premises where her family was staying happily. She went to PS again to counter blast gave a false complaint against me stating that I am infertile man, etc. After giving complaint she ran away by vacating the rented house and shifted near to her office again by taking all her and mine belongings(inc. streedhan) without informing me. After complaint police did counselling and found out her cruel nature and tried to convince her but never listened and her mother and brother were making all scene in PS ( all PS conversation is recorded by me).
After all these incidents I got fed up with her and her cruel family, filed MCD(filing date:26-03-14, Reg. Date:26-03-14) since I cannot continue my matrimonial relationship any more. As usual she counter blasted me with false DVC (fling Date :21-04-14, Reg. Date:21-04-14),498a,323,3-DPA,4-DPA(fling Date :21-04-14, Reg. Date: 29-04-14) against me and other 4 members and RCR(Filing Date:21-04-14, Reg. Date:06-06-14) at her hometown. All are having same false allegations stating that "I have demanded and they gave x gold and yyyyy money and harassing her for additional dowry and she is ready to join the company if i give written statement that not to harass her in future for additional dowry and also I and my four family members went to her hometown on 30-03-14(note: I filed divorce on 26-03-14 so no point of going at her hometown) at her parents’ house and demanded additional dowry and beaten by caught tuff and her parents rescued her(for DVC and 498a)". Her parents came to my home with Police and harassed us in her hometown PS by bribing them. They harassed me like anything to take her back with me and take back divorce case and sign her written statement . Since my wife was not there for counselling they postponed it to some other day where we all got chance to escape. We were absconding from that day. She also sent police to my company to defame me and to remove me from company( Email proof from my manager).
My family members got Bail in 498a and my bail plea was rejected (as usual) and I appealed in HC and got order of surrender and bail same day or next day. I luckily got bail on same day without any terms and conditions escaping the JC. After this i applied for stay petition on my family members in HC and they got stay in both DVC and 498a cases for 6 weeks.
Here are my queries:
1. She filed all the cases on same day (DVC, 498a, RCR) can this be good ground for retaliation as these are filed after me filing divorce?
2. She is staying here in the city with her brother near her office and working but she mentioned that she is presently residing at her hometown. How to prove that she is staying in city and working in company. We tried to send her RPAD but she didn’t took any of those and we got all returned back. I want to transfer all her cases to same city where we both are staying.
3. Chargesheet has not been filed yet. If changesheet not filed at all after how much wait time can i go for quash? If chargesheet filed what are the steps to quash the 498a?
4. DVC is going on I have not yet filed any counter petition yet. Can I also go for quashing of DVC against me in HC?
5. What are effects of her RCR on my divorce petition?
6. Since there is no terms and conditions in bail orders from magistrate, can i go abroad still cases are going on?
7. What is the success ratio of me getting divorce if contested as she will never give divorce to me?
Thanks in Advance...!!!
