Require help regarding divorce and dv


Hi All,

 

Please help me regarding DV and Divorce case. My wife filed DV case on us (me and my parents) one year back. Then I filed divorce against her.

 

She is withdrawing 30,000/- INR per month. I submitted her salary slip and form 16 in DV case. Then her DV interim maintenance got reject by court. Then she applied for session court for interim maintenance. I don't received notice to come in session court yet. When I checked on website, then i found that she applied in session court for interim maintenance. Please help me to what to do in such situation. May I present in session court or wait for notice ?. Will session court give her interim maintenance without my appearance?.

 

Also one more query, recently she realized that she made big mistake , then she came at office and told me that she will withdraw all cases and wants continue marriage. She and her parents are criminal folks. Then she came at my house and try to enter in my house. When I disallow to enter her in my house, then she brought police officers at my house. But still I disallowed her to enter in my house. Then she went back and filed 498A against us. Now I've following questions.

 

A. How I'll disallow her to enter in my house legally?. I've filed divorce case one year ago.
B. Will police arrest me and my family members?.  She is not staying with since last one year.
c. How to survive from 498A arrest?

 

 
Reply   
 

Generally when lower court pass an order it seems always follow up for good faith in judiciary. Lodge a FIR in local police station. Now a days police are not arresting due to a judgment made by supreme court order in sec 41 well contest the case as far as with full proof evidences with IO of her case. Rest is on type of your case hire a good Lawer for best possible solution for you.
 
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advocate

1. She is a legally married wife.  Hence, she has got a right to enter matrimonial home.  If you do not want her to enter, then you have to file a civil suit for restraining her (injunction case), but I doubt you will get any favourable order.

2.  If she files Section 498-A case, to evade arrest try to get anticipatory bail and if you fail there, then get regular bail, once police arrest you.

3.  Try to talk to her and amicably settle the matter to live together or to get divorce on mutual consent by paying her compensation.

4.  Contest your divorce case meticulously.

 
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LEGAL CONSULTANT

One thing is that when she is a qualified woma n drawing a salary of 30,000/- she is not eligible for maintenance.And then when she comes back to UR house U cannot restrict her entry into the house.When U denied accepting her even when the police came,that was a big mistake U made,paving the way for her to file 498A. In 498A The Supreme Court has laid down detailed guidelines to prevent harassement of husband and his family members ,and only if prima facie is made out then U would be arrested..

 
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Advocate/Attorney

A. How I'll disallow her to enter in my house legally?. I've filed divorce case one year ago.

=You can file an I.A. before the court where you have filed Divorce praying to grant injunction against your wife and her parents and relatives not to enter into your house and not to interfere your peaceful possession and enjoyment.


B. Will police arrest me and my family members?.  She is not staying with since last one year.

=Yes, the Police can arrest you.  Before that all of you abscond and apply for anticipatory bail.  You will get anticipatory bail. 


c. How to survive from 498A arrest?

=Police will enquire if there is any harassment made by you and your family.  If it is revealed that there is harassment, the police with state the same in its Charge Sheet.  Basing on the charge sheet information and other evidences, the court may give punishment to you.  If you are proved innocent, you will come out of the case. Engage a good experienced lawyer and fight the case. 

 
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LEGAL CONSULTANT

If the chargesheet is in the favour of UR wife then the count down starts for the matrimonial home.

 
Reply   
 

 

Thanks for your reply.

 

Anyhow I want to avoid to my wife enter into my house. Currently she is threatening us by 498A and other cases. Recently her interim maintenance application got rejected. Now she wants to torture us and earn money. She thought we are really bad folks who wants to spoil her life. She and her parents are really criminal folks. When I called them, they recorded my phone calls. They submitted all those phone calls in DV case. Few days back she came at home and told me that she've recording of phone calls which we did before marriage. During that time, we discussed how to do marriage, what to do in marriage, bla bla bla.. She have all this things well recorded. We never thought my wife and her parents have such cruel/criminal mentality.

 

Now big thing is if we allow her to enter into my home, then she will do anything us as like we flogged her, we demanded dowry to her, we tried to kill her. After allow her in my house, then we will be in big trouble. I asked my advocate, then he said you've allow her.

 

I'm really confused about all these things. I want to save my family from such criminal folks. I gave good offer for MCD. It is around 25 lakhs. One day her parents came at my house and told us sell your all property and give us money.  These folks wants huge money from us. They will cross all limits for same. 

 

She have recorded calls on that basis she is looking to file 498A case against.

 

Now please let me know how i can save my family. We didn't receive 498A FIR yet. I got suggestion as file general diary application to save from arrest. Please let me know whether it will save from arrest or not.

 
Reply   
 
Logical and Legal Advisor at Family Court

Originally posted by : a
 

Thanks for your reply.

 

Anyhow I want to avoid to my wife enter into my house. Currently she is threatening us by 498A and other cases. Recently her interim maintenance application got rejected. Now she wants to torture us and earn money. She thought we are really bad folks who wants to spoil her life. She and her parents are really criminal folks. When I called them, they recorded my phone calls. They submitted all those phone calls in DV case. Few days back she came at home and told me that she've recording of phone calls which we did before marriage. During that time, we discussed how to do marriage, what to do in marriage, bla bla bla.. She have all this things well recorded. We never thought my wife and her parents have such cruel/criminal mentality.

 

Now big thing is if we allow her to enter into my home, then she will do anything us as like we flogged her, we demanded dowry to her, we tried to kill her. After allow her in my house, then we will be in big trouble. I asked my advocate, then he said you've allow her.

 

I'm really confused about all these things. I want to save my family from such criminal folks. I gave good offer for MCD. It is around 25 lakhs. One day her parents came at my house and told us sell your all property and give us money.  These folks wants huge money from us. They will cross all limits for same. 

 

She have recorded calls on that basis she is looking to file 498A case against.

 

Now please let me know how i can save my family. We didn't receive 498A FIR yet. I got suggestion as file general diary application to save from arrest. Please let me know whether it will save from arrest or not.

She and her folks know your weakness, what is your weakness, take the weakness out of the equation, everry thing will be fine.

 

Its just a guess, you stop drinking.  If you drink you will be more scared.  Drink makes the problem look more bigger.  And then dont get scared.  Be a man.  Mard bann.

 
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Engg

"One day her parents came at my house and told us sell your all property and give us money."

 

you should have recorded that one, anyhow don't worry. talk to your lawyer what to do when they file 498a and how to respond to it. make sure your parents are not in the home when police comes. keep cctv in your home.

 

if you want to stay with her stay or else take divorce by fighting all the cases.

 
Reply   
 

Only reason of her coming at your home to get money.. she was denied in interim and looking to get money by filing 498a. Understand this dost...

Record all the convertion and get the CCTV camera done at your home to make them naked in front of court. U can not file DV but your mother can file the s*xul harrasmnet case on your FIL and others members.. Got it.....

Play smart and be bold bhai............

 
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