Case of 498a

Nikhil (Querist) 09 July 2014 This query is : Resolved
We married a year ago and due to the agony of my mother in law, my wife went back to her parents home.

After having couple of discussions with them and between relatives they disnot agree to send her back and continuously asked for RS. 5L resulting in Heart attack to my father.

Now they have filed a DV case in the court demanding 8L as marriage expense, 20K per month as maintenance and 5L as defamation. They also mentioned the charges that I used to beat my wife and my mother used to keep her starving.

I have a video recording of a day where my wife had clearly said in front of both of our parents that I never hit her or never abused her in any way.

How to deal with:

1. Quashing of charges
2. I don't want to give maintainance to her before final judgement (rather never)
3. I don't want to pay any mony for any of their such false demands.
4. How to put counter cases against her and her mother in law so that they will be atleast jailed for 3-6 months and thus an example against the legal terrorism can be set.

Please advice

Follow Query

Report Abuse

Devajyoti Barman (Expert) 10 July 2014
1. nOT POSSIBLE OR WISE IDEA EITHER. FIGHT CASE ON MERIT.
2.Not possible either if your wife does not earn on her own.
3. Not possible again if she prays for maintenance in DV cASE.
4. Unless they commit offence you can not file case against them. Refusal to come back at matrimonial home is not a criminal offence.

ajay sethi (Expert) 10 July 2014
fight case filed by your wife on merits . dont file any counter cases . HC is reluctant to quash complaint in DV cases

Rajendra K Goyal (Expert) 10 July 2014
1. Better defend the case on merit.
2. If court award interim maintenance you have to pay.
3. Maintenance has to be paid if court orders, for others oppose on merits.
4. Avoid filing false cases and opening new fronts, defend the present cases.