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satnam singh (job less)     13 September 2011

Wife file dv u/s 12 to 22 while 498a stay is taken by hc

regards.

My wife put new case on me and my whole family including my sister(married) demand for followings

a) give 15 Lac rupee.( i don't have any property at my name  as she konws)

b) give 50000 per month.( i am not doing any job not giving any ITR i don't have any proof of income)

c) give share in husband house. (house is in name of my mother my father has dispossesned my by article in news paper)

d) give jewallary   and many more. ( she give in writting at EM with her photo that in marriage her father give only one jewllary set. and in HC their IO stated that all items has been recovered but again they put same point)

******We are not taking summons at this time and samultaneously i filed quasing in HC . I have following documents .

a) sec 9 HMA

b)   affidavite at EM with photo of wife in which she agreed  i)no any demand of dowary at the time of marriage and later  ii) items given at the time of marriage ( all has been recovered with 406) iii)i am completly happy if i go anywhere without the knowledge of my husband i will compeletly responsible for that and so on)....

c) rent deed (dually signed by me and wife)

d) divorce case u/s 13 from my side  matter was compromised and she came back

 

after compromise she put application to SSP after 6 days

then they give bribe in PS and make false 498a/406 and demand for 50 lac. my parents send for jail for 6 days they came on bail.

Now i put quassing for HC for FIR 498a/406/ 120b    Hon. judge give statement that girl side Misused the process of law.  final order is pending.

 

please sugguest me followings..

 

1) what is process if i deny to taking summons ( becouse quassing case hearing is not happend yet till then i do not want to attend the DV case)))

2)matter of 498a and DV is same can my first  quasing case can help me in this.

3) in this december 2011 my 2 yr. will be compelted to being sepration according to FIR. can i file for divorce  what shall be grounds for sure divorce.

 

thanking you



Learning

 3 Replies

Arvind Singh Chauhan (advocate)     13 September 2011

1 You can't deny from takinng summon.

2. Finding given by court while quashing, may be help full in contesting DV act.

3. You can seek divorce on ground of cruelty. ( Mental) or other grounds according to facts and situations.


(Guest)
very well handled... dv is not serious as 498a... go for divorce as she is thick skinned... never again go for compromise... there are serious events you may not know but lawyers advise her to trap you... dv case will run its years... locate her job to avoid giving her maintenance...

satnam singh (job less)     13 September 2011

sir if i don't take summon this time becouse my qasing hearing is pending in HC. what can wrost they can do.

tell me about these>/??

a:  bailable warrent

b:: munadi


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