Dear Members,
Please guide me on followings:
1. My wife filled criminal case on me – 498a/323/506/504 and ¾ DP act in Jhansi.
2. After that, she moved the application for DV act under various sections.
3. I got Stay on proceeding on criminal case by Allahabad high court - under 482. As stating that :
“Learned counsel for the applicant contended that statement of the father of the
girl Sri Arvind Tiwari, copy of which has been annexed as annexure 5 to the
affidavit, does not support the case of the prosecution as set up in the FIR,
moreover, the certificate of the Bank, copy of which has been annexed as
annexure 7 to the affidavit also creates doubt about the prosecution version as
set up in the FIR.”
4. Now, she today filed the petition in Family court –JHANSI in section 13 for divorce.
Query:
1. We also want divorce…but before that we want her to withdraw the criminal case and DV case on my family and me. Our lawyer saying that not to receive the SUMMON from Family court. Now, I am thinking that if we did not receive the SUMMON or respond may be SHE get the Ex-party divorce without withdrawing the cases running on me and my family. Is it the good to not receive the SUMMON from Family court?
2. Do I need to receive the SUMMON from family court Jhansi and engage my lawyer to reply and fight the case with oppose the divorce petition by her.
3. She also narrated same story (false) in divorce petition which is mentioned in FIR.
Please suggest!!!
