Need opinion on family cases
I have trapped in a family case and she filed 498a, dv and maintenance case against me in JFM where she got residence order and protection order and Return of money and gold and maintenance case in family court too in 2013 where she got order to attach my properties. all the cases are still pending. I was then working abroad and took the bails in all cases. then she filed violation of protection order in DV, again I got anticipatory and regular bail . at the same time she physically attacked my old mother and criminal case took against her where she got station bail after I came back to home. then I filed divorce case on the grounds of both adultery and cruelty. actually she wanted to hide her wrong doings and trap me in cases and then it become a kind of sadism. counseling done 2 times and after that 6 mediations at family court and principal councilor asked to settle it by giving 5lakhs and give maintenance to children till they are 18. I was almost ready but she refused asking 50 lakhs and shift my property to children's name. again went back to family court , ordered interim maintenance of 10000PM for her and children even though she is residing at my home and I have all the evidence I am well maintaining them. I don't want my children go away from me as it will worsen their future. the elder son is with her and the younger one with me and my mother. now I want to go back to work as it is almost 8 months doing cases and no good progress. same time she is trying to trap me again by police to grab a good amount and the in laws and political people are behind her. I would like to get opinion how I can move further and my prime concern is of my children's future. what should be the things I must taken care of and will come against me in the course of time. since last three years we are under her threat and severe harassment. will be great full if you guys provide me with a solution or the best options. Earliest I took passport for children but since the cases started she destroyed it. my advocates are confident that they have enough evidence to quash all the cases but court even not put cases for evidence. I am really in a stranded situation with no income and furthermore she is using all the provision, LPG and electricity payed me me at home and is trying to ouster me and my mother from our home. My children they are 17 and 16 now and boys.
Asked 3 years ago in Family Law from Kochi, Kerala
1. how I can move further and my prime concern is of my children's future.
Opinion: You may file an application before family court in which the divorce case is pending regarding the speedy trial. or file a writ for speedy trail before High Court.
you may file a quashing petition before High Court or discharge application before trial Court if you have the evidence in your support.
2. what should be the things I must taken care of and will come against me in the course of time.
Opinion: You should file an appeal before session court against the protection and residence order u/s 29 of D.V.Act and challenge the trial court order.
contact a lawyer personally or over the phone, it will be better to get best advise.
Advocate, New Delhi
Hi, The amicable settlement in your case is not possible as you have already stated she has demanded 50 lacks Rupees which you are unable to pay.
2. You have no options to fight the case legally and normally 498/A case will not stand in the court and it is filled with an intention to harass the Husband.
3. Because of your disputes child future is the stake but you don't have any options fight the case legally.
1) you can go abroad for work purposes with court permission .
2) Dv / 498A cases atke over 5 years to be disposed of .
3) you have to contest cases on merits .
4)if you are regularly paying maintenance you can file appeal against order for attachment of your properties
5) wife only has right to stay in matrimonial home . she cannot claim any ownership rights
1. You have taken bail already in all the cases. So you do not have to worry about her political influence. No cop can arrest you if you have been given bail. You can continue to contest the cases filed by her.
2. The evidence will be presented in due course of time.
3. To safeguard the future of your children you may seek their custody, or you may create a corpus in their name. However, you should find a job first before you can begin to even think of going to court to safeguard them.