Mani123456 (Engineer) 11 October 2010

1 year post 498a, can my wife still file DV case

Hi,

My wife filed 498a in 2nd octuber 2009. It is more than one year and that case is still not proceeded and I am

waiting for the court summon. i have alread filed Divorce case against her and it is 6 month old now. Cam

my wife still file DV case against me to harass me?

She is expecting for 40 lacks or one house from me. I have clearly told no and I have decided to fight

her till my last breath. Kindly let me know when can I file reverse cases of fraud, blackmailing and defemation against her and her relatives.

Regards

Mani

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6 Replies

(Guest)

Dear,Mani123456

"Kindly let me know when can I file reverse cases of fraud, blackmailing and defemation against her and her relatives." You asked :

Answer:

Fight your divorce case and 498 a.It should take some time.

Forget about cases of fraud, blackmailing and defemation against her and her relatives.

This is not a time to file defamation case. After you proved that the complaint(498 A) is false.it will take time. therefore after receiving court notice you can start a defamation case. defamation case are two types (1) civil (2) criminal - sec 499 & 500..If they gave false information to the court then you may highlight it by the petition contempt of court.

adv. rajeev ( rajoo ) (practicing advocate) 11 October 2010

You cannot file any cased against her on the grounds what you have said in question. Criminal case against you it is not yet begin. If in the criminal case court observes that the criminal case filed by the wife is intentional one then you can file a case against her.

(Guest)

NANDKUMAR .B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251,9960223100

e.mail.advocatesawantnb@yahoo.com

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YOU MAY KINDLY KEEP COOL AND DEFEND THE CASES WITH CONFIDENCE.DO NOT GET EXCITED AND CREATE ANY FURTHER PROBLEMS.

YOU HAVE LEGAL REMEDIES TO APPROACH SUPERIOR COURTS.

YOU SHOULD KEEP READY SURETY DOCUMENTS IN CASE ANY FURTHR CRIMINAL CASE IS FILED AGAINST YOU BY THE OTHER SIDE.

YOU HAVE TO FILE DETAILED REPLY IN THE COURT AND DEFEND THE MATTERS SMARTLY.YOU WILL SUCCEED.GOOD LUCK.

Mani123456 (Engineer) 11 November 2010

Can She still file Domestic Voilence (DV) case against me if the 498a was filed around 14 month back?

Will it stand in the court as she should have filed it along with 498a.

I have already filed drivorce case against her on ground of mental cruelity not showing 498a as main cause.

Dineshwar Singh Kaushik (Advocate) 12 November 2010

Dear Mr. Mani

As I feel that this is not the fit time for you to do much worry about this that what your wife can do more against you what she could do had done. This is the time to defend yourself with full confidence. At this juncture she can't file another case against you under the Domestic Voilence Act.

Mani123456 (Engineer) 16 November 2010

Thanks a lot. So now she can not file any more case against me. Now it is more than 14 months over for 498a FIR. I have still not got any summon from the court for starting of the case. I did not go to police station since long time so do not know the present status either. I came to know that charge sheet is still not filed. I tried quashing of the FIR in high court and Police gave me assurance that they will not include my parents in chargesheet. Now what can I do best?

1. Should I approach police to speed up for filing the charge sheet against me?

2. Should I keep quite and observe? What happens if FIR 498a becomes very very old and police forget to file the chargesheet?

And if I come out clean what criminal cases I can file against my wife and her relatives who harassed me a lot by filing false 498a against me and legally kidnapping my 5 year old son.They have been playing a power game. I am able to see my son just for 4 hours every sunday through court visitance order.