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.