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 7 years ago in Family Law
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 7 years ago