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?
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
498A is separate case all together . if wife has filed FIR obtain AB for your self , sister and your parents
Thank you sir. As now myself and my parents are on bail and sister is on AB. Please advise how much helpful if we apply for Quashing of FIR.
Hc wont quash FIR . contest case on merits before trial court . if settlement has been arrived at then go for quashing
Sir pls suggest is there that can be done at our end or its just we need to react on their actions
obtain AB in 498A case and fight case on merits before trial court
In FIR, I have been put u/s 498a and 406, at the time of bail Judge has put a question mark on the genuiness of the case for the reason u/s 406 and has also mentioned that it seems that the allegations are frivolous. Pls suggest
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.
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
she is working at a good position
Since she is working in a good position and may be earning a handsome salary, court may not order you to pay her maintenance.
Contact personally with documents.
kindly hire an advocate for better understanding and advice in your case
if wife is working she may not get maintenance .