• DV & 498a

12 years of marriage. 10 years child. Husband came to know about adultery of wife, Wife left husband's house, left kid also, writing a note that "i am leaving house". Also informed police that she is going thought also wrote that family husband threatened, verbal abuse, etc. After 01 month husband filed for divorce. Hence wife has made police complaint at other state ie Rajasthan and hope its 498a & 406 at other state (FIR registered) along with DV case. My questions are:

1. Since alleged crime / allegations happened at husband's city, can police of Rajasthan state transfer the case to husband's city as husband city only has territorial jurisdiction. ?

2. All allegations are false to take revenge hence FIR. How to handle the same especially after SC new guidelines upon 498a.

3. Wife is highly qualified professional used to earn very well also. I have bank statements but declared not earning in DV case. How to avoid maintenence ?

4. Why wife must have made kid as co-petitioner in DV case though kid resides with husband.
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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8 Answers

1. The police has no power to transfer so the same would not be transferred husband can file quashing on territorial jurisdiction,

2. If there is no truth in allegations no proof and you have proof of the adultery file a quashing petition before the rajasthan high court.

3. Sir you can in your reply in DV state that wife is suppressing facts before court and telling lie produce her bank statements and the income proof in same.

4. Kids cannot be co petitioner in DV case only women can file for DV.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. She can file a DV case in her home state also owing to risk factors involved to her life and limbs, hence it may not be necessary that the case has to be filed to his home town.

2. Since you are sure that the allegations are false and she cannot establish the same in trial proceedings, you may fight it out on merits and on the basis of documentary evidences.

3. You produce her employment and income details with documentary evidences and reject her claim for maintenance in the counter to be filed in the DV case.

4. This you can challenge in the court of law, which will be more beneficial to you.

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

Dear Client,

DV claim can be filed in Rajasthan but criminal complain shall be file where incident happened or zero FIR, any where in Indian and than shall be transfer in jurisdictional police station.

SC guidelines are repealed by court itself, no more exits.

Earning/qualified wife not entitle to maintenance, she shall be denied maintenance if her adultery proved.

May be for custody, she made them party.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

498A can be filed only at the place where she has been tortured or dowry demanded . it is criminal section and has to be registered where crime took place . it is not divorce proceeding and has nothing to do with divorce . divorce is to be filed at palce of marraige or where the couple last stayed.

first try to find out her income proof. If she is able to maintain herself then no need to give her maintenance.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

1) DV case can be filed in Rajasthan if wife is residing in Rajasthan

2) 498A case has to be filed wherein cause of action has arisen

3) apply for and obtain anticipatory bail from sessions court

4) in your reply take plea that wife working and highly qualified

5) call upon wife to produce her bank statements , income tax returns for last 3 years

6) wife has made kid co petitioner to claim maintenance for child

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

1) You can file divocre case against wife on adultery and deserted ground.

2) If you can prove adultery against wife than that same can be prove against wife's 498a and DV case as all false allegations raised by wife.

3) She is not entitled for maintenance once she is proved adultery in the case.

4) You can mention in DV case that child is in your custody. It will remain within father's custody as per law.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Few Courts have considered that dowry harassment is a continuous process and the wife felt harassed even after reaching her parental house for which 498A complaint/case can be registered at her parental place.

2. First of all you shall have to arrange for availing anticipatory bail for all the accused and then contest the case fittingly. You can try to transfer the case to your place by filking a transfer petition before the Supreme Court without expecting much.

3. You shall have to submit evidence to prove that she is highly qusified to earn her own livelighood nd also that she has left your home of her own accord after her adulterous extra marital relationship came to light.

4. She is under legal guidance to add your child as co-petitioner. She will try to ensure that your child also deposes that you torture her and him as mentioned in their petition.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

hello

the wife can make a police complaint where she is currently residing. cruelty is a continuing offence and hence she can file a case in her hometown too.

file an anticipatory bail application. if rejected file it in the HC. also file a petition to quash the FIR.

if the wife is still working, no maintenance can be granted, if maintenance has been granted, file a revision against it before the ADJ.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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