Matrimony Dispute - Facing 498A, 506, 406, 323, 341
Background: In Delhi, Hindu Marraige. Married in April 2015. Wife deserted husband and living with her parents since June 2015. Total days of living together 55 days. Initial reason given for living separately that the husband does not love her, care for her etc. In July 2015, wife's family demanded separation along with 50 lacs though the actual marraige expenses were near 20 lacs from both the sides each. Reason given Husband is Impotent. Girls family not ready to take any medical report. Husband a CA and wife a CA too. Both in jobs and earning. October 2015 - Husband and his family charged with 498A and 406. Current Status - from CAW to Mediation Centre currently.
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)
2) 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. How can the husband proove that consummated not happnend because of wife's wishes but not because of husband's impotency. I have audio recording of wife, where she is saying that "not to have sex for 1 year". I can prove my potency (already got tests done in a pvt hospital). Actual situation - consensual intercourse happened 4 times during period of staying together. (2 times with a condom and 2 times wihtout any protection). If at all hymen is not broken (which is just a 5% chance), would it help me in annulment or go as a negative in my 498A trial. Moreover, if proven that compataibility was an issue between both since 1 night of marraige, how would it affect annulment. Additionally, is there a chance that I may be proven potent generally but impotent towards wife (becasue of less frequency of sex and compatibility issues)
3) Wife's family physically assaulted the husband, slapped him and threatened him for his life in court complex (during mediation proceedings). In self defence, the husband pushed the wife away and is now facing FIR under 323,341 and 506. Medical legal report was conducted under police for both husband and wife. No injury on wife's MLC and small bruises mentioned on husband's body Still the police registered wife's FIR and not moving forward from the DD report with 323 and 506 sections with MLC reference they registered on husband's complaint. 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 registered against me
4) 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 this impact Anticipatory Bail chances in the future.