Dear All,
I am from Mumbai and I am victim of false 498a/406/34/506/323 along with my family. I have documentary evidences of each allegation, hence moved for quash and FIR quashing in process in Mumbai high court, argument will happen this month. I have enough proof of this being a prima facie case.Chargesheet not filed even after 9 months. My wife filed false DV (Feb2017) on me/family with content similar as FIR (NOV 2016) and have requested benefits as per DV sections like (Rent, Interim,medical). I have three properties on my name. I earn salary in six digits and have liabilities like multiple EMIs and my parents which consumes my 85% salary. Wife currently earns around 20k. Though she mentioned she is unable to maintain herself in DV, She is just housewife and being jobless during filing of DV application. She is highly qualifed i.e MBA. I am aware about where she works and have collected her PF statement from PF dept via RTI which validates that her claim is fake.She lied during submiision of DV application. She also mentioned I denied her responsibility during mediation hence she should be granted maintenance. We have mediation report where police says Husband ready to keep his wife. Still she has submitted false arguments.
My questions are
1) Will she be granted Interim maintenance as she came to court with unclean hands?
2) What would be impact on property as I stay in one of the property (Thane) and other properties located far away in the city? ( In nasik), She gets HRA as well. Will court consider it?
3) She gets medical as well in her salary, Court will consider that?
4) I am still ready to keep her. What stand court will take considering law abuse process by Wife?
5) Recenltly she attempted to hack into my sister's Income tax and facebook account to sneak in Form16 and other her personal detail. We got notified by email alert and we raised this with Cyber cell.
6) Police station still not registering complaint of Cyber crime. Currently My sister moved to Europe for couple of months so wanted to know If I file private complaint on behalf of her (My sister). If yes, what is the process?
7) Can DV gets quashed in Mumbai High court? if Yes, what is process?
8) What parameters will be considered by court while granting Interim to highly qualified working wife who comes to court with unclean hands?
9) We have to file reply to her statement in DV in end of this month? When Interim argument will happen? What parameters court considers during Interim application decision? There are enough proofs that she was not subjected to cruelity and she came to court with unclean hands?
Asked 8 years ago in Family Law
Religion: Hindu
Hi, Based of above case status, I need advise on below.
1) I got wife's DV application, There are too many lies and contradictions.
2) For these lies I have documentary evidences.We are asking production of documents as per CRPC 91 and will be filing our say.
3) I can see that there are 5-6 lies and multiple contradictions.
4) Can this case will be fit for filing case against her as per crpc 340 perjury based on statements made in DV application.Is DV application sufficient for crpc 340.
5) How different is DV application than affadavit.Do we have to wait till she makes statement on affadavit.
6) Can we ask judge to decide crpc 340 before interim application.
7) How trial court looks at crpc 340 application during DV.
Asked 8 years ago