False 498a case after I filed for divorce
Premise:
Married a girl from my city on April 2010. Not a penny was demanded or taken. A very ordinary marriage. Was staying with wife in a flat owned by my father close to where parents and brother were staying in their own house above the small business they were running. I work in my father's business. We used to be in our parents place on a daily basis - I, for my work and wife , just like that. Parents loved my wife dearly and never was there any discord among anyone. We used to eat most of our meals in my mother's place even though we were provided with a fully equipped kitchen. Wife is a commerce graduate and has a MBA degree. Wife was working but quit her job before marriage on her own accord. After marriage, she was not working and it was her decision.
The marriage remained unconsummated. Wife had some fear or pain or whatever. Took her to many doctors. Thought situation will improve with time. Around 2012, wife only told my mother she has these problems. Parents also sought medical help. Told her parents also to take it seriously. They also took her to doctors and many counselling centers.
When even after 6 years when there was no serious effort on her part to set things
right, we decided to send her to her parents' house on March 2016. Gave them 15 days time to set things right. Told them we will file for divorce thereafter. Even accompanied her for the counselling whenever her family took her. Three weeks later, wife along with 15 of her relatives barged into our house and bashed me up. And even roughed up my 71 year old dad. Used the filthiest of languages against me in the presence of my parents. They left when we called the cops. We made a police complaint but the police did not even register a case. When we recovered form the shock, we filed a NCR which still remains open.
Shocked to realize that my wife was at the forefront when they barged into our house to
attack us. We filed for divorce on the 20th of this April. On April 24, wife filed a 498a, DP 3 and 4 against the four of us. The police summoned us to the station. All of us presented ourselves. We were treated well and let off. Anyway, we went ahead and took bail.
Allegations in FIR:
"They had spent Rs. 18 lacs for the wedding. Thereafter we had demanded a site and Rs. 5 lacs to run our business. All of us used to pick up fights with her for silly reasons right from the time of marriage. She mentioned that she was staying in the joint family. Demanded gold and silver at the time of marriage and thereafter."
We have all the reports from all the doctors we visited, clearly stating her non-cooperation in sexual intercourse. She goes around town saying that I did not cooperate in consummating the marriage. In fact, all these years we did not tell even our closest relatives about her condition to protect her dignity. We have thousands of photographs and videos that show that she was really happy in our midst and she has accompanied us everywhere we have gone.
Queries:
Can we quash the FIR as the allegations are simply false and FIR is evidently filed as a counter blast to our divorce petition
Is there any way to speed up this trial in court citing the false case from wife?
What is B-extract? How to obtain it? Is it required to quash the FIR?
Asked 8 years ago in Family Law
Religion: Hindu
The FIR says that after marriage wife moved in with her husband his parents and brother.( fact- wife and I were staying in a separate flat near my parents'. We used to visit them regularly on a daily basis). Right from the beginning all of us used to pick up fights with her for trivial matters and that we had asked her to bring a site and also Rs/. 5 lacs for our business from her parents' place.
This is all the FIR states.
Surety and bond were given at the Police Station today
Questions
1). What is a CD (case diary)?
2). Our lawyer says we will not be able to see the case diary and will not have access to it. Is it true?
3). If so would there be more allegations in the CD?
4). Is the case worth applying for a quash? How much does a quash usually cost and what happens if the quash is rejected?
Asked 8 years ago