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venkat (engineer)     08 July 2011

DV case : help requried to handle situation

hi,

A False 498a filed  6 months back and crpc 125 filed 4 months back against me and my parents. Very recently they filed DV and received summons.
Currently my X in laws are in deep financial crisis so they need immediate relief so they are looking money from me.
            Please guide me what are steps I can take to avoid/delay this case.

1)    Is DV cases eligible for quash, if yes what are probable grounds to go for quash/Stay.

2)    Please suggest any other delay mechanisms?

Regards,
Venkat



Learning

 12 Replies

Raghav Sood (Lawyer)     08 July 2011

contact a good local lawyer he will guide you

Saurabh..V (Law Consultant)     08 July 2011

@venkat

 

You will have to understand that anywhere in this World, no case is maintenable unless the complaint has force and truth behind it and the judge also handles with neutral mind.

 

If you have proofs that no cruelity was metted out by you and your family on the girl, then there is no option but to quash. However, I would like to add that quashing is so important that if gets through, you would be completly out but if your application is rejected by High Court then the lower court might get inclined towards the complainant and against you.

 

Also, I fail to understand that why is this DV case if filed after 6months? Why not along with the 498a? Was 498a not serving the purpose? This point in itself shows the mala-fide intention of your in-laws. It depends if the judge can appreciate this plea.

 

//peace/Saurabh..V

galsober@yahoo.co.in (def)     08 July 2011

As Govt has given a unique tool in the hands of Metro-Wife in the form of DV, why should she not use inspite of 498a :P

498a drama: Arrest of hubby + in-laws

                     Extortion money

But if it fails & hubby decides to fight back, nothing actually 4 the wife. She gets a lot in DV:

                     Residential rights (read property grab)

                     Monetary relief (Again extortion money)

                     Throwing all ur male family members out of ur own house etc etc.


(Guest)

Venkat, dont worry she have to give evidence of your violence on her.If no dv was happened then thewill not be maintainable.Do u have any kid?

Rahul T (Engineer)     08 July 2011

@venkat

               utpala is right. Filling DV, 498A is very easy but tough to prove. Generally we, Indian’s have very bed habit of reading the Headline in the News Paper then reading the original news. DV & 498A is also same. We just scare by the name, but most of us don’t know the story behind them. Read more in the web, & Enjoy life… Just don’t bother…fight form your mind not heart…

1 Like

venkat (engineer)     09 July 2011

Thanks for the immidiatate information.

utpala,
I didn't have kid.
Recently one more turn happened to the cases.
 my 498a and CRPC 125 she has filed in her native place, I thought of moving the cases to Hyderabad as we stayed in Hyderabad however now she filed DV in  Hyderabad, reason she mentioned that she joined back to education( earlier she was discontinued) and also she filed petition for transfer of  CRPC 125 to Hyderabad.
 Could you please suggest me what might be their strategy, what I can do from side.

Regards,
Venkat


 


(Guest)

she may want to  join u again.  

Rahul T (Engineer)     09 July 2011

@utpala

If she join him again, then can such relation ship (after DV, 498A, CRPC 125) sustainable??? Or situation will become worst then present? What ventatesh should do then? Accept/reject???

BTW: Your Daughter is very cute...:)


(Guest)

If she joins him again she may not do those again if all allegations are false.She wl hv to give in written in the court as mediation terms and conditions.If allegations are true then opposite party should be careful fot not repeating those again.

To err is man.So both the party should give a chance to the opposite one for reconciliation .It is easy to take a desicion of divorce but who can assure this will not happen in the next marriage??

Thanks  for the comment for my daughter.:)

Rahul T (Engineer)     09 July 2011

@ utpala

Since you are a regular writer, therefore I am asking a very silly question:-

 

Dose Indian law has any option for such writings? If YES, then under which section or which method? (it should not be on Rs:- 20 stamp paper, which is value less on matrimonial court)


(Guest)

After mediation the mediator notes those terms and conditions and submits in the court if reconciliation happens.


(Guest)
marriage easiest way to make money for a lady; our legal system encourages that; our legal system rots in decades; our law makers focus their own developments and hence no amendments or judicial reforms; corruption ate legal system; india is confused... we are worst educated despite being best...

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