• Proceeding in DV Act

I m from kalyan (maharashtra) my wife filed 498 case against our family on june 2012 & dv case in November 2012. Till date I paid maintenance to her. But they are not filling any evidence & don't wish to proceed further. 
My confusion is
1. Is there any time limit for submission of evidence
2. Is there any time limit for maintenance without filling 
3. Which type of case may I file against her except divorce
4. Is 498 & dv case are comes under criminal cases like robbery or murder

Please help
Asked 1 year ago in Criminal Law from Kalyan, Maharashtra
Religion: Hindu
Hello,
1) There's no specific time limit set to file or produce evidence. However, if for no valid reason the case is being protracted you can move a petition to the same court highlighting the behaviour of the complainant.

2) No limitation for paying maintenance if an interim order is passed by the court.

3) Of you want your wife to come back and resume get marriage with you, you can file for Restitution of Conjugal Rights petition. It is a good ploy to bring out some accountability from her.

4)498 A is criminal case and attracts rigourous punishment. DV case is a quasi criminal case beaming meaning it has criminal element as well as civil as it pertains to family.
S J Mathew
Advocate, Mumbai
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66 Consultations
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1. The evidence starts after submission of charge sheet and then when the complainant is summoned in court to give evidence. There is no time limit for this.
2. No
3. Without knowing the case history I can not say the case which may be filed against her. Filing of case depends upon cause of action , not upon wish of a party.If you do not want to stay with her then do not do so. No law can force you to do so. For this you need not file any separate case.
4. 498A case is a pure criminal case where as DV case is case of civil nature though adjudicated by criminal court only.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
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This is another case of misuse of women biased laws of the country.  
They adopt dilatory tactics to harass and mentally torture you to budge to their pressure, which you should understand and not allow. 
Your lawyer should pressurise before the court for the opposite side dragging on the case without any rhyme or reason. 
You may file a case for judicial separation or divorce itself if you both are living separately on the grounds of cruelty and desertion. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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1. The Court will allow time for submitting her evidence. The time allowed depends on the court,

2. Are you sending the said amount without Court border or of your own? If there is no court order, you can discontinue sending the said amount till you get court order,

3. If the 498A case is dismissed by the Court, you can file a case against her for filing false case against you,

4. Yes, Section 498A is of Indian Penal Code.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. You should have lodged a police complaint for threatening and assaulting you and your mother,

2. You can do it now also,

3. Your mother also can file a DV case against her father.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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1. The evidence can be given until the time the court closes it by its order. 

2. The maintenance has to be paid either till the final order of the court or a higher court quashes the order of maintenance.

3. You can only file for divorce against her.

4. 498A and DV cases are criminal cases, but they are not categorized in heinous offences like murder or robbery.
Ashish Davessar
Advocate, Jaipur
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1. You can launch the prosecution of your father-in-law for intimidation and assault if he threatened your mother.

2. Injunction can also be sought against him.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
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1. Since 498A case is pending the police is bound to give report of sch case . However 498A case is private in nature and pendency of such case should not be a difficulty to get this job.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Since this is a case surrounding matrimonial dispute, this may not make any impact to the extent of your worries. 
You may go ahead with the proposed government job as per your desire, dont worry about the verification, let it come, the police will certainly contact you then, after which you can make things comfortable. 
The DV case is considered as a continuous offence, it may be filed anytime however the effect of the case may be diluted as it gets old. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
You are free to apply for a government job. In the certificate to be issued by the police it will be mentioned that 498A is pending against you. However, unless you are held guilty by the court your job application cannot be rejected.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
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1. Yes, why not? Your wife's filing a false 498A case does not state anything against your character,

2.No. DV case can be filed even after one year of separation though the teeth of the application will be lost for the delay in filing.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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