quashing can be done against your family members in DV case
2) there is no shared household and no DV case is maintainable against your parents and sister
3)also file for quashing in 498A case against sister and parents
Wife implicated my parents & sisters in a Domestic Violence Case even when they never lived with me
Hi I filed for divorce as my wife had asked me multiple to cut of relations with my parents as well as my sisters (all of whom stay abroad and have never stayed with me and my wife). After this, my wife filed 498a as well as Domestic Violence 2005 case against me, my parents and my sisters. In both cases she has named all of them as well. Can I go for quashing this case against my parents and my sisters? I know that I will not be able to do tat in 498A but in DV case, I heard there needs to be a domestic relationship established.
Asked 6 years ago in Family Law
Religion: Hindu
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14 Answers
Their name will drop by police or can file petition in HC, their names will delete by court. They never stayed with your wife, where criminal act committed by them ! Approach HC.
in the 3 years of my marriage, my mother stayed with us for 10-15 days. My father visited for 2 days and my sister visited for 1 day. Will that matter? Also, what documentation is required by me to prove that we do not share a household? (so that I can attach it with my next petition). Are there any reference cases which I can leverage to substantiate my case? (so that the case is dropped against my family members) She has also asked for interim maintenance (both in divorce as well as in DV). She earns 1.5 Lakhs per month and we both pay 60K EMI each for the house where she is residing (I dont live in that house anymore as I was kicked out). I earn around 2.3 Lakhs per month. Will she be eligible for interim maintenance? What can I do to stop it?
Asked 6 years ago
1) your sister , parents are not staying with you
2) occasional visits are immaterial
3) since your wife is highly qualified and working and earning Rs 1.50 lakhs per month she would not get interim maintenance
This is almost like no stay. Such limited stay dose not count stay in shared household. With such income and holding separate property, maintenance may not grant to her by court.
Dear Sir,
The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based. ... if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC
Quash false 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.
A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations
- What is the maximum maintenance amount for a resident Indian?
A. Maximum is around Rs.3000 per month. Exceptions are very rare. - What is the maximum maintenance amount for a non-resident Indian (NRI)?
A. Maximum is about Rs.10000 per month. Exceptions are very rare. - Can I appeal the order of maintenance?
A. Yes. You can appeal (get it set-aside) within 3 months of the order.
Q. Can I bring some facts to the judge and get my maintenance reduced?
A. Yes.
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA).
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc.
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance.
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
6) Both are living seperately by mutual consent (Section 125(4) of CrPC).
If you want to apply for quash of the said cases you can very well go ahead provided you have strong documentary evidences to support your claim for quashing the said cases.
Domestic relationship has to be explained by you to convince the court
If they were in the house even for one hour, the relationship can be established.
There are plenty of settled laws and yo can get them once you browse through the internet or google search.
Since she is employed and drawing a huge salary you may not have to pay her the maintenance amount, you can argue on that point while repudiating the claim if any made by her.
No it will not considered as shared household as per above circumstances. You can oppose the interim maintenance on ground of her income and earning ability
You may file a quashing petition in High court and as the time has been passed and there is reasons to believe that the case is fabricated High court may quash the FIR for all or for the accused other than husband and there high chances that you will get arrest stay .
for quashing a criminal complaint you have to move the concerned High Court u/s 482 CR PC detailing the ground for quashing the case against you and your parents and sister.
There are so many factors which are sufficient to discharge your parents and sister from charge of 498A. it can be advised after looking at the charge sheet and all other documents.
wife who is capable of working and sustaining herself is not entitled to claim maintenance from her husband.
Yes they can file a quashing petition before high court to quash the FIR against them. In 498a also if there is no primary evidence and no as such relationship or contact they can try for quashing.
You can contest the interim maintenance on ground that she is earning and there is no primary evidence to show as there is no domestic violence.
Further see they came for day or two and no incidents of that date are there in that case this will help in the quashing petition.
1. Yes you can go for quashing of case against your parents and sister.
2. For domestic violence case to be maintenable against anyone the complainant should have domestic relationship with accused persons in last one year of complaint.
3. Yes the duration of living together will definitely matter.
