Can my mother file DV case against my wife?
Current Scenario -
1. Contesting Divorce in Alipore Court, Kolkata for the past 2 years
2. Fighting a 498A,406,34 + DV act + Crpc 125 ( these are counter blast cases which were filed after 6months of filing my divorce )
Grounds for divorce - Cruelty, Desertion , extra-marital affair of my wife ran away to Nepal to be with her BF and spent 40,000 in 3 months on phone bills on calls made to her BF). Extremely psychopathic by nature, abusive, manhandles at free will, absconds from home at free will, kept threatening about filing fake cases against me. To hide and divert the attention from the main divorce case she filed these cases and demanded for maintenance under HMA+crpc125+DV act. Divorce case is not proceeding because of MISC Case under HMA.
Details of my current circumstance :
1. I filed divorce in Dec 2012 owing to extreme torture and cruelty of my ex-wife. previous to that I had filed a complaint at jadavpur thana regarding her constant threats to file 498A against me. ( details of her torture and marital issues I shall discuss when we meet )
2. She filed a Misc. Case under H.M.Act in March 2013 for Maintenance. Not a single hearing has taken place till date.
3. Then on May 26 2013 , she filed a 498A case against me, my parents and sister as a counterblast. My parents stay in Agartala and my Sister stays in Bangalore.
My 498-wife stayed with me in Kolkata but unnecessarily dragged my folks into the case. We have all obtained BAIL from Calcutta High Court. Police has submitted an extremely flawed chargesheet. My trial is coming up in Dec 2014.
4. Then in Sept 2013. she filed for maintenance under CRPC 125. I have filed an objection petition against her demands and my next hearing on the same is coming up on 10 Nov 2014.
5. In Feb 2014, shockingly she filed a case under the D.V.Act 2006 despite not having stayed with me for so long. Almost after 2 years !!
A court order on the DVACT will be passed very soon to provide her with some maintenance. Though I feel its real cruel to order maintenance even before cruelty being proved. I have read through judgments of various other courts where maintenance has been denied as the wife has not come to court with clean hands.
Its been a long time in the case and not much has progressed in the case. I have already tried 2 lawyers but utterly disappointed at the slow pace of events.
I am extremely upset because of these case and its taking a heavy toll on my career. I want these cases to end as early as possible so that I don't have to keep coming to Kolkata for the cases.
What are all the things that I can do apart from simply fighting these cases to teach her a serious lesson for playing with the lives of me and my family?
Asked in Family Law from Kolkata, West Bengal
Can I go for quashing of 498A as the police chargesheet is clumsily drafted and doesn't mention about any torture against her for dowry. even the witnesses have denied to me that they never said anything to Police. But police has mentioned in chargesheet that these witnesses have said me and my parents used to torture her for not being able to bear a child despite 8 years of marriage. I showed the chargesheet to my neighbours and they confirmed that this is completely fake and concocted by the police as my wife never even met them .
I feel getting discharged in 498A case asap will help me in other cases too as she has copy-pasted the same story in all the cases she filed.
Can I file for squashing of the 498A case based on the chargesheet or I need to undergo trial in lower court ( as it is a long process it will only hamper my other cases) ?
I understand that if there is no mention of harassment for dowry by the witnesses in the chargesheet, then the ground for 498A doesn't stand at all.
Please advice on this.
Asked 2 years ago
1) HC would be reluctant to quash 498A case in view of allegations made in the charge sheet that you and your parents used to torture your wife for not bearing a child in spite of 8 years of marriage .
2) it is better to contest 498A case before trial court on merits .
3) it is necessary to go through the charge sheet , statements made by witnesses before police to further advice .
4)98%of 498A cases are false . since you have already consulted 2 local lawyers go by their advice
1) on account of heavy backlog of cases DV/ contested divorce cases take around 5 years to be disposed of .
2) since DV is a continuing offence wife can file DV case even after you have been staying separate for 2 years .
3)you need not attend court on each and every date . your lawyer can make application for exemption from personal appearance until further orders
4) it is not advisable to file counter cases on your wife as you would ned up spending more time and money in running around courts .
5)if you have evidence of your wife running away with her boy friend you can file case of adultery against him . unfortunately no action can be taken against your wife as law regards her as victim
5) if you are able to prove that your wife had extra marital affair she would not be entitled to maintenance
You are advised to file revision petition before High Court against the DV order under 482 of crpc. To resolve all problems make necessary efforts through negotiations and bargain to convince her for Mutual Consent Divorce .
Yes your mother can file against her. File an application to quash the same in the high court immediately and produce necessary defences
Hi, you can file a petition under section 482 Cr.p c for quashing or else file an application for discharge in the same court or else try both it will help to you.
1. Police charge sheets are purchased by the litigants. You should have been alert about adverse police charge sheet,
2. In your case charge sheet has been filed. So, you can file a quash petition before the High Court,
3. You have a very good chance of getting favourable order if the said witnesses agree to depose that police has never met them and/or that they have never met your wife or has witnessed any such thing which have been mentioned in the said charge sheet.
1. All hapless women, even a mother-in-law can file a valid complaint under the DVAct by a against her daughter-in-law.
2. Expanding the ambit of the domestic violence (DV) Act by the Delhi High Court in the Shakuntala Sharma case and held that A mother maltreated and harassed by her son's wife, she too will fall within the ambit of the aggrieved person.
3. So your mother can file a complaint against your wife if she has been harassed by her daughter-in-law.
4. there is plausible evidence in order to prove that your wife had extra marital affair and it is fit case for divorce.
4. You can quashed FIR when there is no cognizable offence made out from FIR but in your case there is enough materials, it does nor matter that they are false, on the face of FIR so it is not liable to be quashed.
5. You should face the case and prove your version in the case. You will get succeed .