• Disposal of 498a - domestic violence

I was married in nov 2011 ,the girl was having an affair and was not willing to stay and was threatening for dowry and criminal case,
I filed for injunction in a family court and divorced after 3 months of marriage.
The girl filed 498a ,DV and maintenance cases in feb 2013.
The cases has been going on for two years now,I am also paying  interim  maintenance under DV.
In marriage they gave rs 5,50,000 cheque in the name of the girl and she has spent most of the money without my knowledge.
They are demanding rs 50,00,000 for settlement out of court and not agreeing to compromise.
Requesting to please advise as all these cases false and meant only to harass and extortion . 
.
Asked 2 years ago in Criminal Law from Pune, Maharashtra
Hello,
1) The circumstances of your filing a case  in the family court is not clear. What was the injunction filed for?

2) You should file a quash the  charges under 489A in the High Court.

3) As you are paying interim maintenance under DV case , you can highlight the same in the maintenance case to defend the claims in the latter.

4) Do not be pressurized and succumb to the tactics of the opponent and fight your case on merit. Since she was unwilling to remain in the marriage, this unwillingness and the element of extortion can be used as a defence in the 498A .
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. It is not clear from your query as to what is the nature of injunction you have sought from the court.

2.  If your wife was having an affair then you should have filed for nullity of marriage instead of divorce. It is not clear on what basis you have filed for divorce within 3 months of marriage. 

3. It is apparent that the cases have been filed by your wife to browbeat you to agree to her demand for a one time settlement. You should not succumb to such intimidating tactics. Contest on merits the cases filed by her. A legal battle should be fought as a battle of principles. 

4. You may move the High Court for quashing of the cases if they are baseless and do not disclose commission of an offence.

5. The order granting interim maintenance can also be challenged in the High Court.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
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1. Since 498A and DV case is already filed, you have no option but to fight it on merit. The 498A case should not be arry as in most cases it results in acquittal of the accused person.
2. Fight DV case to lessen the maintenance amount. If wife is a home maker you can avoid maintenance.
3. Do not succumb to any blackmailing. Fight the cases with all stubbornness and find that the adversary would agree to much lesser price sooner than later.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
The facts provided by you are not clear as to on what grounds an injunction wad sought by you And if u were aware that your wife was having an affair,  you could proceed to file for nullity of marriage. Please state add to what grounds a divorce petition was filed by you. 

In the domestic violence case, file a discharge application on the basis of evidence stating therein that you are paying the interim maintenance as well. 

Do not compromise the case until court referred mediation takes place. You could settle the matter through proper mediation.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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Fight the cases on merit. (498A ,DV)
Also file a petition for nullity of marriage if you are not legally separated with the ground your wife had an illegal affair.
 Any person can demand a big amount .But the court will allow it on merits. So there is no need to provide Rs. 50, 00,000 for settlement in all disputes between you and your wife. Stop the interim payment for maintenance with consultation with a lawyer.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
1. It is not clear as to an application for injunction for what have you filed,

2. Moreover, how can you file a divorce case after 3 months of your marriage?

3. Contest the cases filed by her on merits,

4. Do not succumb to her pressure.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Dear Querist
Fight the case on merit  or try to settle the matter amicably.
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0

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