Hi,
My case history in brief goes like this ....
1. Marriage took place in Feb, 2010 in delhi. Wife left matrimonial home on her own in Dec 2010 and She filed 498a in Jan 2011. In 498a chargesheet has been filed. All relatives have been removed. Only my name is now in CS. I am planning to file discharge petition.
2. WIfe has filed divorce on grounds of desertion and cruelty in June 2011 with alimony of 60Lakhs and to pay 30Lakhs towards the marriage expenditure and dowry given by her father(All fake). Desertion under HMA act has to be at least 2 years. So, as ground it will not stand. For cruelty, she does not have any proof but the petition is based only on affidavit and allegations. I have filed counter to dismiss the case stating that all the allegations are wrong. But I have admitted that marriage has been broken irretrievable because of the maiicious litigations initiated by her. Both of us (in her petition and in my counter) have stated that there is no love and respect left for each other and marriage has been broken irretrievably.
3. She has now also filed maintenance for 60k per month under section 125. But notice has not yet been served to me since she does not know my current address.
4. She is well qualified B.Tech and MBA. She was working earlier with handsome salary of ~30k pm. She herself have stated in divorce and 498a case. But currently unemployed, had left the job while we were living together. She is currently persuing some studies which I am not aware of.
Please advice.
1. Is it possible not to contest divorce as I also want(obviously 
) divorce though all the allegations are wrong. But I want to contest the alimony. Can I take a stand that as I do not have any objection to the relief sought (divorce), I wish not to contest it. I have already agreed that marriage is broken. But I should be given chance to contest the alimony on merits of the case.
2. Should I file a counter claim seeking divorce u/s 23A. How would it affect alimony? Does the fact who has been granted decree ground for amount of alimony? I do not want to end up paying money apart from facing criminal trial, because of her faults.
3. Is 125 crpc maintainable when she has already intiated divorce with alimony? Will double jeopardy apply?
4. 498a case is filed with DP 3,4, IPC 324, 326. But complaint/statements do not have any mention of any weapon used to cause hurt. No MLC attached. Can charges still be framed u/s 324/326? Can 498a also be removed as 324/326 also do not apply. But there are false allegations for harrassment for dowry.
5. In 498a only allegations are about giving cash for car/furniture/jewellary with no bills at all or bank statement to support any cash flow. There are allegations about demand of 50 Lakhs from my side for purchase of flat. Chargesheet has only marriage photographs and wedding card apart from statement us 161 and complaint. I have also got Income tax return under RTI of FIL for last 10 yrs. Total income of last 10 yrs sums up to only 15Lakhs. Can I attach this RTI reply with discharge petition. Are these grounds enough for discharge under DP3 ,DP4 and 498a?
6. TEP was also filed by me. ITO has issued notice us 143(2) in sept 2011. I had asked action taken report under RTI. He replied saying that I can ask for information after completion of investigation which will be completed by Dec 2012. I had gone for first appeal to complete the investigation in 4 months as per many CIC judgements but was turned down by FAA. I have filed appeal in CIC but it has been 4 months but not yet listed with CIC. Anything else that I can do to get investigation on faster track? So, that I get more grounds for discharge?
Please let me know if I am on right track. Although I would want to get divorce sooner or later, I am not in hurry. But my priority is to teach them a lesson for initiating false criminal proceedings against innocent persons.
Thanks.
