Got bails for self and parents for a case filed under 498A and 406. The cause of action as per charge sheet and complaint happened in Coimbatore. The interested opposite party lawyer has filed cases under CRPC 125 and 12,18(d)(e)and(f)19(f),20(i)(b)and(d),22and23P.W.D.V.Act2005. The Lawyer is threatening with more cases while the 498A remains stagnated at a local court having no jurisdiction. I am not ready for any compromise which is monetary by nature,
Hello,
You will have to fight all the cases if you are not ready to compromise.
Also, if the case is going on without jurisdiction then challenge the proceedings before the HC.
I would advise you to settle the dispute amicably with your wife, otherwise it will take around 4-5 years for the cases to get decided.
Regards
You need to fight the case properly on grounds of jurisdiction
Contest the false case on merits
80 per cent of dowry harassment cases are false and end in acquittal
You can file for divorce on grounds of mental cruelty
Only about 5% of the 498a cases result in conviction.
No need to stoop down before any of their unjust monetary demands.
Participate in the trial, besides contest the maintenance and domestic violence case filed by them.
Engage an able lawyer having prior experience of handling matrimonial matters.
Hi, there are no more legal proceedings they can initiate against you ..the jurisdiction of 498A can be at her parental place or matrimonial place or at a place you both resided after marriage
If not a single offence as alleged in the complaint did not occur in Kolkata then it is a fit case for transfer of the case to the place of occurrence.
The lack of territorial jurisdiction is not enough ground going for quashing of the case.
The opposite party lawyer cannot give you any threats.If he does you can lodge complaint agaisnt him with police or Bar Council Of WB.
The PWDV case o case u/s 125 crpc can be filed from any place where the wife is presently residing.
These are common cases with498A. As you have got the bail which is normally given you need to fight the case and need to peruse properly.
As the case proceeds 125 will definitely come and you will have to pay the maintenance but you need to stay on your decision to move ahead for separation.
1. Have the cases been filed before the Court at Kolkata or at Coimbatore?
2. Which section does the said lawyer thinks that still not used by him against you?
3. He has used all his weapons now and you should contest the cases fittingly.
4. If he files any case before any court which has no jurisdiction, then it can be contested on the ground of maintainability.
Then you have to face cases in court
You can file divorce petition against her on the ground of mental cruelty against her.
1. If you are not ready for any compromise then there is no option except to contest the cases on merits.
2. If you say that 498A has been filed in a court which has no jurisdiction to try it then you are free to file a petition for quashing of FIR.
3. If more cases are filed then take each case on the face of its own merits.
Hi
If you don't want to compromise then be Bold to contest the matter. If the cases against you are false then you will be acquitted so donot worry at all.
Also file complaint against her family for threatening you for life and all (to counter the pressure ) .
Thank You
If you have decided to not to go for any compromise settlement, then it is better you challenge all her cases properly in the court.
You know that she has filed the complaints/cases with false allegations and if you are confident that you can break her case by engaging a skilled and experienced lawyer, you may better decide to fight it out till the last.
Dont get frightened over the threats she or her lawyer may pose to this.
