Question =>What all other cases can be brought about by the girl’s family?
Question =>Which of those cases are the ones in which police remand or arrest is possible?
She can access maintenance case under section 125 cr.p.c besides 498A, 406, 3 & 4 DP act, and DV act case, if there was any altercation, she may file a criminal complaint under section 294B, 354, 506 IPC (if there were any injuries in the assault then section 323, 324 etc) .;
Except for the complaints with police and the police registering FIR, no arrests will be made on other cases.
Situation:- I have heard conflicting information regarding 498 being a non-bail able section of IPC.
Question =>Is it true; can the police initiate arrest or remand of my parents or myself? How to safeguard myself and my parents. Specially against a police remand, harassment or arrest warrant.
On receiving a complaint from her, the police will first summon all of them against whom the complaint is made, they shall inquire and take cognizance f the the complaint, if need be and after that the police may register a FIR and initiate action for remanding the accused. However sooner an information about the registration of FIR is received, you may obtain AB from the district court and then challenge her false case before the trial court.
Actually in your case the police has not taken steps for arrest because you have rushed up the police station before she could and have registered a police diary, hence the police is investigating the matter dutifully without making any formal arrests.
Question =>Is it advisable that I should I move my savings whatever they may be to some place untraceable.
Not necessary. You need not disclose your savings, even if she is mentioning about this, it becomes her duty to prove it with evidence.
Question =>Can the court order a full statement of accounts as in how much saving I possess / have accumulated.
No, court will not pass any such orders on its own. She may file a petition seeking court to direct you to furnish the details, you may give a blank report stating that you do not have any, the court will not probe further on this matter, it will be her turn to prove her claims beyond doubt with documentary evidence.
Question =>Can my wife or her lawyer using my residential address or name etc obtain a copy of my ITR or financial statements?
She can apply for your ITR through RTI act.
Question =>What happens to the items which are on the list but in real non-existent?
Just do not be bothered about the items which are not with you, make it a point to deny the possession of all such items which you do not. She cannot force you neither the police.
Question =>Will she have an onus to prove their existence? Or will it be only on me to provide a proof of those being non-existent?
She has to prove it.
Question =>Also, since I can attempt to prove the existence of a gift not the non-existence, how to go about this?
You can in a reply give a list of items held in your possession and deny other items which are not with you.
Question =>How to prevent or protect our own belongings to be brought under the ambit of streedhan?
What do you mean by this?, Her own items shall be construed as Streedhan and not all those items in your home.
Situation:- Current I am getting harassed by having to travel to Kolkata and my parents are old. Plus the leaves from my employer and cost of travel.
Question =>Is it sufficient to have someone appear on my behalf with a Power of attorney? And if yes, till what extent or time.
For trial in the criminal cases, you cannot give a POA to somebody to represent you in the court. You have to appear, however during certain occasions you can ask your lawyer to represent and inform court abut your inability to attend the court. You ca also file a petition seeking permission of court to dispense with your personal appearance on the reasons and grounds stated under section 205 cr.p.c.
Situation continued::- Also I wish to be personally present during any arguments or cross examination.
Question =>How do I ensure that I don’t have to appear for just any hearing but at the same time don’t miss out on the important ones like cross examination or arguments etc?
For this you have to follow it up closely with your lawyer.
Situation:- Quite a few of the allegations in the case for maintenance and in the FIR are completely fabricated and baseless. Some of them can be actually proved to be malicious.
Question =>Can I bring the girl or her family to justice or ensure they be held accountable for perjury. If yes then when.
If she is making a false statement be swearing an affidavit before court and is proved o be wrong, you can take her into task by filing a perjury case under section 340 cr.p.c.
Question =>What recourse does a male/husband have for wrongful persecution?
You can file a petition against the police for malicious prosecution after being acquitted by court in the present case.
Question =>Is there any way I can plead to the court to arrange for a polygraph or Narco analysis so that all the lies that the girl has said about me and family can be brought on records.
This test is not applicable to disputes arising out of matrimonial issues.