All As mentioned in prior posts, wife filed 498a after I filed for child custody in US in March 2019 as she refused to join me back to US, Maintenance in 2019, 498a trail not yet started (Charge Sheet filed), obtained Anticipatory Bail and then once I came to India obtained bail by providing sureties. MC case ex-parte was set aside and now court has referred that to mediation for which there is a 3rd session on May 31st and the actual court date for next MC hearing is June 27th. Now, since I came back to India permanently in March 2022, 2 family members have under the pretext of mediation said that we can see each other and hence I have been going to my in-laws house and spending time there to see my daughter and wife, wife only came once to my parents house for a few hours in early April where I am staying then she made another false claim where said we asked her to conceive a male child during one of the court mediation sessions which is false. There have also been threats of filing DVC against me multiple times over the years and recently as well indirectly. I have been going to my in-laws house so that I can spend time with my daughter who is completely bonded to me and her mother keeps spoiling her brain by telling that I am a stranger etc. I am not sure if I am putting myself in more trouble by going to their house while 498a, MC case is pending and indirect threats about DVC. I have not stayed over at my in-laws house overnight, just visit usually 2 times a day and see my daughter and wife and come back home to my parents house. I am not sure if this can lead into more trouble for me with a DVC case or cancel bail upon her advocates request under the false pretext that I have been harassing her for dowry or other things which is anyway totally fabricated. Please advise.
I also forgot to ask if they can do anything directly in High court while 498a, MC, GWOP and maybe a potential DVC are filed in lower courts? Do I need to obtain Bail for DVC? Can they approach High court to cancel my bail obtained in lower courts for the false 498a?
If wife files false DV case you should file detailed reply denying allegations made
2) DV cases take 6 years to be disposed of
3) there is no arrest merely because wife has filed DV case
4) your bail would not be cancelled merely because you go to your in laws residence to meet your daughter
There is no arrest in DV cases
you don’t need to obtain bail in DV case
you cannot stop wife from making application for cancellation of bail . However chances of bail being cancelled are bleak
Ajay Sir Thank you for your response. All I was asking is if it makes it easier for them to file and implicate me in a DVC case since I am visiting them to see my daughter, We have not lived together for a couple of years and only going back to their house since April this year after I came back from US and the mediators told me that we should start rebuilding the relationship, but it’s been a one way street since my wife only came once for lunch along with my father-in-law and left the same afternoon. I don’t mean that bail can merely be cancelled for visiting my daughter at my in-laws house, but does it make it easier for them to again allege falsely against me about their claims on dowry harassment etc and hence ask the court to cancel the bail. Thank you
She can file false cases as most of women does in marriage. You need to contest the same on merits
This cannot be treated as domestic violence against her.
But since you apprehend further troubles you may better avoid visiting her house frequently to avoid the problem getting aggravated.
There's no reason to seek for cancellation of bail and court will not entertain any such application.
No bail is necessary for DV case even if she files one.
You may better avoid visiting them during pendency of cases in court.
The application for cancellation of bail will not be entertained by court in such situations.
The bail can be cancelled only if the conditions of bail are violated.
The DV case is not a criminal case.
You may better avoid visiting your wife if you apprehend her to aggravate the matter with new cases
Your wife can file false DV case against you to harass you if she does not want you to go her parents place to meet your daughter
they can apply to court to cancel your bail
How can I prevent this and also have access to my daughter if she does file a DVC ?
Fine petition in family court seeking joint custody your daughter
DV case has nothing to do with your visit to your child.
If there is a GWOP pending in the court, you may ask for visitation rights as an interim relief by filing a petition in the pending case.
Law:
Advice:
You might have experienced that law is in favor wife. It is better to settle with her or seek MCD but in later case, you will be paying heavy alimony, maintenance for daughter and there is daughter who needs love and care of both.
Ravi Sir As far as point number 1 is concerned, she claimed during one of the court mediation session that we asked that we want a male child when she came for lunch with her father which is totally fabricated. She is then using that as the reason to not come to my parents house where I am staying. She is just using our daughter as the shield to pester me knowing that I will go to see my daughter there anyway as She knows my weakness. I am a bit apprehensive about this and if she plans to use me going there and somehow make it appear as if I have abused her during my visit there. As my daughter is getting bonded to me closely, my wife is trying to break that bond and use her against me.
Make application seeking joint custody of your child
2) in Bombay family court has issued circular regarding joint parenting of child
3) all major decisions regarding child should be taken in consultation with biological father
4) you would be granted equal access to your daughter
The daughter is born to both of you.
You have an equal rights with the daughter.
You dont have any reason to beg your wife to be with your child or to visit the child whenever you would desire to see your child.
Hence you were advised to file an application in the GWOP petition seeking visitation rights as an interim relief, therefore instead of repeating the same story in all the posts of this thread, you may think of doing something useful which may fetch you relief.
Dear Client,
As per the facts which have been provided, avoid visiting her house frequently. Fine petition in Family Court to have access to your daughter.
Thank You.
- If she is creating trouble to see your daughter , then you can mention to the court for the same , and also can seek joint custody right from the said court , where this order was passed.
- Further, DV case is just like a civil nature case, and warrant cannot be issued in this case , except if you will not appear before the court then court may pass ex-parte order after accepting her compliant .
- Further, if you have already receive the summon of DV case , then you should file Reply against her compliant.
- Further , if she is creating trouble for your mother as well, the your mother can also file a compliant under the provision of DV Act.
- Further, if you are visiting to her house for the said reasons, then she cannot file any compliant against you , and further it will benefited you in the 498A case as well.
- Further, without having any strict proof against you , your bail cannot be cancelled.
You need to file custody but you can't stop compete access if court orders for visitation rights
Expressing the apprehensions that they may misuse your visits to frame you in some criminal case submit an application to Court for direction to drop the child at you place and take back after the duration of lime granted to you to spent time with daughter. Court will issue such direction to wife.