498a, 406 & 125, dv - from different states

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Hello Experts,

I got married in the year 2004; I have two minor daughters and both of them are with me. In 2011 I found that my wife was having an extra marital affair since 2006. She gave me a hand written confession for apology. I do recorded our conversations on her extra material affair.

In Dec 2013, she ran away from home taking all her valuables and jewellery and in the year 2014 she filed   498a and 406 from the State of Haryana against me and my parents. I took AB and in the final report of FIR my parents names were not included as accused. The current status is after her evidence she gave application u/s 319 to add he names of my father and mother and defence evidence is still pending, it’s been a year now.

With the help of her uncle who is a lawyer in Himachal Pradesh she filed 125 crpc in the year 2014 and some where in the mid 2015 she also filed DV Sec 12 against  me and my parents from the State of Himachal Pradesh.

In the year 2015, I also filed a stay and transfer petition in the Supreme Court for the false cases filed from Himachal Pradesh and my petition was Rejected (no grounds for rejection advised).

I'm not able to bear the frustration and the amount of money that I have to spend on these false cases. And I am also taking care of both of my minor daughters.

What legal steps should I take to come out of this situation? How do I proceed ahead.

 Please provide your valuable advices and suggestions.

 
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instructor

Don't run to hc or sc, fight your case in district courts, as you said she had ran on 2013 and filed dv case in 2015, her dv case is not maintainable in the court because the limitation period is 1 year from the incident of dv, you can raise the objection and request the court to dismiss her petition, 2. You can make objection of her 125 case exhibit the apology letter and call recording before the court and alleged her she herself by her own wishes left your home, 3 . generally court didn't add names of parents until the strong evidences against them, fight your case on merits and evidences with you. 4.you can file divorce u/s 13(1)(i-a) of hma on the ground of mental cruelty as she had filed false cases on you in different states.
 
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legal advisor

file a contested divorce case on the grounds of adultery and get rid of her.if you can prove adultery charges then she wont be entitled for maintenance.as far as the cases filed by her you got to fight it on merits only

 
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ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com

Legal solutions are complex matters and you hould have sought advice earlier.

 

Many people like you jump to HC and SC spend money with no results.

 

Mr Laxmi kant Joshi has advised properly. Fight the cases in lower court.

 

1) DV  is time barred after one year. Give an application in lower court and there after go to revision Sessions court.

 

2) Similarly for other cases raise the issue of jurisdiction and be ready for revision in denied.

 

It will be a long battle but you have to exhaust the opponent by wise moves.

 

RETAIN AN EXPERT ADVOCATE OTHER THAN THOSE WHO ARE FIGHTING IN THE COURT AND TAKE PROPER ADVICE REGULARLY.

 
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