cpc

dv - not maintainable

Senior Manager Operations

My wife has filed a false FIR under section 498a against me before 6 months (Apr 2013) & also she has filed a DV case (Mat 2013) asking for interim maintenance. However, as soon as I started getting the threatening phone calls from her since last Sept 2012 I recorded all the telephone calls & I have filed several complaints against her at Police Station, ACP, DCP, Commissioner, Home Minister, Chief Minister, etc. In Oct 2012 & Jan 2013 couple of times while giving statements to the police station my wife has admitted that she never stayed with my parents for a single day & also has mentioned that we were staying together in harmony. I have obtained the copies of those statements using RTI application. Police Station/IO has informed me that they are going to classify that 498a case as B Summary. I have provided many evidences in written reply to DV. Now that I have found the trump card ‘Statements given to the police by my wife in ‘Oct 2012 & Jan 2013’and my wife has not produced any facts in the court in support of her application. Next date we have arguments session scheduled for ‘Not Maintainable / Discharge Application’ filed & also for Interim Maintenance application.

 

I have already received the Anticipatory Bail from the Sessions court in May 2013 while judge granted me the bail after going through the CRIME DAIRY & all the facts/evidences submitted with IO. Also, the judge has mentioned that he has formed his opinion based on the statement of my wife to police from Jan 2013 in the oral order.

 

What are the chances that Metropolitan Magistrate will dismiss her DV application as a false case/application?

 

 

Else, Do I need to go to the High Court to squash both the cases? Kindly advice.

 
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welldone.. you guys really rock..

i wish my brother was able to take such precautionary step.

 

 

 
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Freedom

Everything would depend based on the dates,circumstances she has alleged these incidents have taken place . What ever the false allegations she has laid out has to be proved.As for interim Maintenance it would depend upon the circumstances .If she is a able bodied working women earning sufficiently for her livelyhood  she would not be granted , be it the other way round she may be granted .

 
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Senior Manager Operations

Can any of the experienced advocates here help me with an answer?

If the Metropolitan Magistrate will dismiss false DV application then he can't order for interim maintenance - Am I right?

My lawyer has to smartly put the perspective that my wife has filed false 498a case & false DV case not only to get the maintenance but to harass the entire family. She could have filed only maintenance petition with Family Court but her intention was evil to harass the family rather than just extorting the money.

I have also filed a case against my wife under Sections 323, 504, 506, 507, 384, 452 & 34 in the same Metropolitan court. Both DV case & the private case filed by me comes always on the same dates. My lawyer is just waiting for the DV Application to be summarily dismissed so that he can strongly argue in my private case where we have put a prayer under Section 156 (3) for ordering to police station for taking FIR & do further investigation. I have supportive documents. In terms of Money Extortion I have produced the Bank Statements of payment made to my wife based on threats passed & I have CD of Phone call recordings and transcribed version of one of the phone call.

Now please let me know your views as an experienced lawyer. Thanks in advance.

 
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