I got married in Sep 2007 and a male child was born in 2008 and in Sep 2009 my wife went to her parental house with child after denial of myself permanently shifting to her parental house to live with her and also their parents abandoning my parents who are sick and older. After Sep 2009, she never returned to matrimonial house after all requests, negotiations through family/friends/relatives, etc.
In Dec 2010 all the stridhan were given to her on her request and I have a valid witness who delivered it to my wife, her mother, and her sister. I was not permitted to see my child from Dec 2010 and until now I have not taken any chances to see him because it would create ruckus between both families.
We both are not in contact with each other from April 2011.
I finally filed HMOP in Feb 2012 on desertion ground only. She filed a complaint in police station against me and my father (no domestic violence has happened to her, no date or time of incident has been mentioned in the complaint), and the same was forwarded to District Welfare Department and I received a summon to appear before them and I gave explanation who said which is satisfactory and the faulty is my wife. The witness, who delivered the stridhan, was enquired in District Welfare Department and my wife has accepted receiving it.
In Feb 2014, I received a summon from District Welfare Department that I should appear before a Judicial Magistrate under the case of DVA filed by protection officer/welfare officer of District Welfare Department.
My questions are,
1. Can I ask the Judicial Magistrate to quash the petition of DVA? No mention of domestic violence happened to her in the reply to my petition in HMOP, so this can be used as an evidence to prove myself to Judicial Magistrate as clean, and pray for DVA filed by protection officer/welfare officer should be quashed?
2. Can I ask the Judicial Magistrate to transfer the DVA case to be jointly handled with HMOP which is proceeding?
Friends, please suggest me what can be done and what should be done.