Whether dv case sustainable if divorce petition already filed?
My wife has filed a false case u/s 498 IPC against me and my parents on 18.06.2016 at Guwahati where we were living after marriage along with my parents. She left for her maternal home at Kanpur thereafter with her parents who came to take her. I, on my lawyer's advice filed a divorce petition against her at Family Court, Guwahati on 23.06.2016 but she did not appear for the hearings. The divorce case is still pending. On 31.08.2016 I received a notice to appear in DV case on 23.09.2016 at Kanpur.
I wish to know whether the DV case can be quashed at higher court? If so, what are the procedures.
It is to be mentioned that I and my parents were subject to physical tortures, mental cruelty, insults and harassment by my wife. She used to ask me to stay separate from my parents and on my denial to do so she did all these to me and my parents. We have a son of 3 years to our marriage.
How much maintenance the court may decide? We are from a middle class family and my spouse also come from a middle class family. Presently, I am earning Rs. 54,000 p.m.