• False DV & 498a against me

My marriage was arranged & solemnised in Faridabad on 21 Apr 2015. My wife from starting onwards after marriage never respect me & my parents. I gave her lots of respect love and financial strength. But She started verbally fighting with me & to my parents also on small things, doubting me everytime, frequently check my mobile , msg, etc very short tempered, if I am trying to say anything she used to shout loudely & calls neighbours & say I beat her all neighbour always pointing us. She drunk lizol when she was 6 month pregnant due to this baby born with defective liver & prominent liver donor with matching blood group was my father in-law & my brother in-law, my brother in-law was agreed after so many request waisted my 4 lakh in pre transplant investigations and denied one day before transplant & my child died at one yr of age on 06 Mar 17 , during this she filed a false complaint against me for dowry and domistic violence in women cell Faridabad on 13 Oct 2016 when my child due for liver transplant. I m living away from my parents since one and half year with wife but she still continue fight every day, don't allow me to call or go my home, not allowing my parents to meet me. I have audio recording of her in which her mother and my wife giving bad words to my family, my wife always demand me to give expensive gift like jewelry. She withdrawn 40000/- rupees without my knowledge to my account. Due to this I am mentally very upset. Me & my family members lost name and fame in the society. Main thing l lost my respect image from my senior in office & character in the society. I don’t want to continue with my wife. Suggest me I will go for divorce or judicial separation. My wife still not taken back complaint against me it's almost a year after filing complaint and no investigations and FIR registered by police. Still complaint is in active mode or closed by police.
Asked 8 years ago in Family Law
Religion: Hindu

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13 Answers

You can file for FIR quashing in the High Court and there you may ask the court to send the case to mediation wherein you can settle the dispute mutually. In my advise filing a divorce or judicial separation at this stage might aggravate the issue and then she might file other cases also against you.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.Tortures for such along time can never make a marriage working and in that circumstances it is better if the person part his ways .

2.First propose for a mutual divorce which is likely to entail permanent alimony .So talk to her on this and negotiate on the amount of money.

3.if she doesn't agree then file a contested suit for divorce which takes time but if you prove her acts of cruelty you will get divorce forsure.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

those recordings are relevant evidence and admitted by the court. you may prefer a petition before the high court for quashing of her complaint because you have enough evidence to prove that complaint is baseless and false. court after examining these evidence can quash the proceeding. if you can prove that your wife is guilty and filed this case with ill motive then very much chance that court will quash the proceeding.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

File for divorce on grounds of mental cruelty

2) wife abusing husband and in laws amounts to mental cruelty

3) wife forcing husband to stay separate from parents amounts to mental cruelty

4) wife accusing husband of having extra marital affair amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

I have audio recording of her in which her mother and my wife giving bad words to my family, my wife always demand me to give expensive gift like jewelry. She withdrawn 40000/- rupees without my knowledge to my account.

above evidence is material one and relevant to prove that your wife is guilty of matrimonial acrimony.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Local police station IO would inform you about status of 498A complaint filed by wife

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

If you have made up your mind to move out of this relationship, I will advise you to go for a divorce. File a divorce petition under section 13 of the Hindu Marriage Act on ground of mental cruelty. You have suffered enough at the hands of your wife, and this is sufficient for the grant of divorce.

Had a FIR or a DV complaint been registered against you, you'd have received notices for both. Incase of the FIR, police must have given you a notice under section 41 CRPC for appearing before it and cooperating with the investigation; and likewise, in the DV case as well you ought have had received a summon.

Since no notice has been received by you in relation to the FIR and the DV case, it is safe to conclude that neither of the two are in existence as on date.

Let me know incase of any further help you need.

Thanks,

Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

If the FIR not yet registered then It may be registered once you file divorce plea.

You should have already gotten intimation, In case any FIR registered on you.

Drinking lizol is like suicide attempt. I think you did not file any police complaint on this. If you still have any medical records that she drunk lizol then you can file case on her for suicide attempt.

You may file for divorce with jurisdictional court.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

You can check it online also or you may visit the police station to check the status.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

how can I get the status of DV & 498a complaint against me in last year Oct

you can get current status of the case by filing a questionnaire before the same court. prefer this application before the registry section of the court. then it will give you the status of the case. if no action has been taken on the complaint then you should prefer a petition before the high court for quashing of proceeding on the basis of inordinate delay.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Engage an advocate and give the details of the cases available with you.The loca ladvocate would be abe to get such information.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

If you feel that this marriage will not work anymore and you cannot endure this torturous moments anymore, you may decide to dissolve the marriage for your future betterment.

You may file a contested divorce on the grounds of cruelty if she is not agreeing for mutual consent divorce.

If the complaint is registered with a FIR then you may obtain AB and challenge her case in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

how can I get the status of DV & 498a complaint against me in last year Oct and no investigations and FIR registered till date almost 1yr over. I received the summon that time but couldn't report due to my child problem but no FIR registered till one year over.

In DV case there is no FIR.

But if no FIR is registered in the 498a case, then you may not worry about it until the complaint is converted into FIR.

You may check up the status of the DV case in the respective court.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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