498a and other issues

Akash (Querist) 16 September 2014 This query is : Resolved
Hi Everyone/Experts,

My case status as of now :
1. Received AB for myself and parents
2. Wife filed suit as per DV Act against me, father and mother in LUDHIANA
3. Judge granted Ex Parte RCR since wife did not appear on hearing date at Hyderabad ( I had filed RCR in Hyderabad)

Questions :
1. Under IPC/CrPC , are there any laws using which I can avoid my parents from travelling such a long distance from Hyd to Ldh . My father is Senior Citizen , EX Army Officer.
2. Section 2(q) of DV Act says " Complaint under DV Act can't be made against a female". So , Can I get my mother's name removed from DV suit filed at Ludhiana using RTI or some other means ( Please suggest).
3. I have an Ex Parte RCR . Will this hinder Interim Maintainance under CrPc 125 / DV Act for wife. What about if a wedlock child is there?
4. I am planning to file divorce if after receiving RCR judgement wife does not appear on 1st date.Its almost a year she has left and entire year writing letters, at Women Cell proceedings , then RCR ... I have been trying to get her back. this is cruelty.and I think this could be the base...I have other reasons also...

Please advise...

Regards,
Akash

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ajay sethi (Expert) 16 September 2014
make application for exemption from personal appearance of your old parents under section 205 of Cr Pc .

your mother can be a respondent in the case .

if wife has deserted you without just cause court may not award her maintenance .

file for divorce if wife has refused to join you after passing of RCR decree for period of 1 year