1) Dowry Prevention Act. Can an FIR be lodged against wife and her family for accepting that they gave dowry at the time of marraige (as mentioned in their own original 498A complaint to the CAW cell) even after they were status family, educated and wife is a CA. What is the actual practice being followed in Delhi. Is there a way to push for these charges against wife and her family. (In reality no dowry was demanded and none was given, so no documentory proof of the same):
This is as good as laying trap for one's ownself.
If you would like to lodge a complaint for having given dowry against them, it will become an admitted fact that you have accepted dowry, however on the basis of their complaint you are coming out with this complaint as an after though action to defend yourselves or to avenge them. If at all this was done with good intention, this could have either been avoided or could have made a complaint much before they came with their own complaint.
Instead of prolonging this issue in a different route and getting more fixed in the problems, better challenge her false case properly during trial and nullify her charges since you admit that there was no dowry offered nor demanded. The situation and merits are in your side hence go for challenge or quash.
Annulment: In her complaint under 498A, wife has said that "Consummation of marriage" not happened due to husband demanding dowry first. She has not alleged impotency anywhere in her 498A complaint.
Has she filed a case before family court seeking annulment o marriage due to impotency?
I dont think she has filed one till date. Her people are just sending the allegations in air that you are an impotent hence she does not like to continue the marriage. this stand is taken by them to defend themselves from their relatives and the circle of people around them.
For impotency allegation, it becomes her duty to prove it by subjecting you for medical examination and if she chooses a doctor on her own, you can refuse to get examined by that doctor stating that she may be in collusion with the particular doctor, hence you can inform court that you are ready to get examined by a government medical examiner or a doctor of a reputed hospital of the city. Their plans to ruin your life and future will get demolished this way when you rise and stand against.
In fact you may inform the court that your marriage was very well consummated on the very first night of your marriage and she may be subjected to medical examination to prove her virginity. learning about this new twist and development in the case, she will get frightened and run away from the court and even may not turn back to this case after that.
What is the solution...Should i file under 156(3) for an FIR against wife's family or should just face the trial on FIR against me
If the police has not taken cognizance of the complaint given by you or were reluctant in registering FIR, you may file a private complaint under section 156(3) cr..p.c. seeking direction to police to register FIR and initiate appropriate action.
My Next mediation date is 29th Feb, should I go there or not. If I don’t go in next mediation, what negative impact can it have. Does the above FIR in 323/341/506 impact Anticipatory Bail chances of 498A in the future.
Attend the next mediation and express your fear especially citing the previous incidence and can ask the mediator to advise them to restrain from indulging in such acts in future. Further, you may clearly state in the mediation that since she is not willing to come for any compromise and is bent upon to torture more and more for no reason, let the matter be decided in the court. This stand will not hamper the AB hearing even if the mediation fails.
Can husband file for criminal defamation charges against wife and her family for calling him impotent and Hijda (Enuch). Husband has audio recordings of both the things being said to him by mother in law and father in law.
The audio recording shall not be sufficient for filing a defamation case. She will deny it and there will be no proof to rove that beyond doubt. Hence wait for her to come with a complaint, you prove yourself as potential enough and then contemplate to file one such case.
) Husband's passport, husband side's jewellery with the wife, even some jewellery belonging to husband's mother has been taken by wife. Can husband file a counter 406 or related complaint. Does the police entertain these complaints or just return the husband by saying its an afterthought due to existing matrimony dispute. Any other counter cases for pressure tactics
Yes husband can lodge a complaint under section 406 seeking return of his property.
There can be a situation where the wife tries to forcefully enter husband's house and create a scene or push for additional framed charges. How can husband's family stop wife and her family to forcefully enter the matrimonial home
If the house property is not in husband's name, let the husband shift his residence to some other place and in the meantime let the owner (his father or mother) obtain a restrain order assistant his wife from entering into the house.
I (CA) earn 45000 per month, wife's (CA) salary is 30000 per month. If in future there is a DV/125 case, are there any chances of monthly maintainence to wife
She may file a maintenance case, but you can defend it properly on the basis of evidences of her income and earnings using them to your support.
Is quashing of FIR in 498A/406 practically possible in High Court by husband.
It will be on merits.
If along with 498A case trial, should I file a divorce from my side (cruelty being calling me impotent and Hijdah -Enuch, have audio recordings) or should I wait for wife to file a divorce (she might say consummation of marriage not happened, husband used to deny sex, she might not call me impotent). Does a contested divorce attract alimony specially if both husband and wife CA and earning.
Alimony is a different subject to that of the divorce proceedings. You can file a divorce case against her on the grounds of mental cruelty citing the false criminal cases as evidence. This will be sufficient to file a divorce case.