• DV, 498a, 406, 125

Dear Sir,
I am married with my wife in 2008. Wife had a conjugal life of 4 year with me, she was working, we have a child out of our wedlock, left matrimonial house in 2013 with parents. She and her parents use to abuse me althrough-out. Wife filed maintanance, 498a & DVA case against me on Aug 2013 jan'14, & Jun'14 resp. 
now, JMC send notice to me along with my parents and my younger married sister for DV. My parents accepted the notice. 
I request urgent suggestion from experts what should be done to get a stay on this/ win such battle?
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) dont worry in DV case . 

2) you have to contest case on merits . 

3) the objective of DV is to enable parties to reconcile with each other 

4) hence court will refer case for counselling . 

5) file your reply to allegations made in complaint 

6) make application for exemption for your parents and younger sister
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
498A is separate case all together . if wife has filed FIR obtain AB for your self , sister and your parents
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
Hc wont quash FIR . contest case on merits before trial court . if settlement has been arrived at then go for quashing
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
obtain AB in 498A case and fight case on merits before trial court
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
You need to fight out the case strongly to prove case as false and frivolous in Dv also. if your wife is not working then court may order to pay maintenance to her and your child. It is not mentioned whether or not you want to continue your marriage. if you so desire, may offer  her to comeback to avoid  any adverse order in DV and other cases.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
fight case on merits . both 498A / 406 and Dv cases . HC is generally reluctant to quash 498A cases unless allegations made in FIR dont satisfy ingredients of the offence . if settlement is arrived at 498A can be quashed
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
Since she is working in a good position and may be earning a handsome salary, court may not order you to pay her maintenance.
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
5.0 on 5.0
Contact personally with documents.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
kindly hire an advocate for better understanding and advice in your case
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
if wife is working she may not get maintenance .
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0

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