False Complaint Case - 498a/506
My wife left her matrimonial home (my house in Jharkhand) on 15th Dept 2005, whereas she filed 498a in 2009 at Kolkata (her parental home) after staying continously at her parental home for 4 years. Hereby violating the correct jurisdiction of filing 498a/506
498a/506 was filed by petioner (my wife) in 2009 with ONLY the prosecution witness (i.e her family as witness). She did not furnish any other evidence except for her own witness (as Petitioner -1) and her father's witness (as Petitioner - 2). The Petitioners stated that a "compliant letter" was submitted to the local police station in 2009.
Since June 2009-- till date there have been approximately 25 hearings out of which the intial 10-12 hearings have been spent in only taking statements of Petitioner 1 (wife) and Petioner 2 (her father).
Our advocate has never requested the Honourable Court for the police report on the stated "complaint" which was filed in the police station.
My wife (petitioner) filed for divorce in 2009 with the following a) Permanent Alimony b) Alimony of Pendente Lite c) Costs d)anyother relief or reliefs which she is entitled to law as well as equity alongwith the custody of our only child (a girl child, who was barely 1 year old, when she deserted me and took the child alongwith her). The divorce was granted ex-parte WITHOUT COST in 2011.
On our personal/physical verification by meeting senior police officials, and the stated police station in which she had supposedly file the "complaint of 498a/506", it has been ascertained that NO SUCH REPORT OF 498A/506 has been reortedd in the said police station, nor has the police carried out any enquiry on this matter (The Honourable Court also has not yet ordered any enquiry into the genuinity of the 498a.506 compliant)
Our Query is:
A petition was filed by us (defendant) in the High Court, for quashing this false 498a/506 complaint (which was filed by the other party in the Lower Court)
PLEASE ADVISE THE PROCEDURE, through which we can quash this at the EARLIEST POSSIBLE, as it has caused so much distress to my family and myslef, that I am under medication for depression.
If we file for an RTI (to confirm and prove the non-existance of the supposed "police report" on which she has based the 498a/506 case, will our RTI's reply be cognizable in the Court of Law as our defence EVIDENCE?
We doubt our lawyer is in nexus with the opposite party due to which he has never asked the Honourable Court to verify the inquiry carried out by police under Section 202 in The Code Of Criminal Procedure.
Also my ex wife has mentioned under oath and affidavit in other cases like 125 and divorce, confirmed that she has filed for 498a/506. If we get proof of there duping the Judicial System and falsifying the 498a/506 complaint, what action can we take against her and her family.
There is another instance of her lying under oath, for she as witness, under oath has stated that "in the divorce petition she never asked for any alimony or monetary relief whatsoever", using this, and the support of 498a/506 she is gaining sympathy by saying that she is only claiming maintainence for our daugher.
What cases do we need to file, to draw the Court's attention to her "lying under oath" and the misleading the Judicial System and wasting their precious time by basing her case of 498a/506 on a police complaint which never existed.