rajendra (na) 09 January 2014

Dvc quash

Hello All,

I came to know FIL and wife is planning to file DVC for the following benefits.

1.50% of my salary
2.dowry(3.5lakh) marriage expenses(3lakh),engagement(1lakh)
3.damage reputation(25lakhs)
4.gold(150gms)

My question is she is a female impotent and when i challenged the medical test in District women and child welfare agency(protection officer) she skipped the medical test and i thought this case has been closed in protection officer office but this has been transfered to lower court in the wife hometown...

now my questions are

1.can i go for DVC quash based on impotency ground?
2.How she can claim the above all as its a cheated marriage?
3.what and all shea can get back?
4.what would be the best strategy to handle this

Already 498A quash is in HC,AP....

Any suggestions would be helpful

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3 Replies

advocate praveen (prop.) 09 January 2014

Dear,

You can file Div. on the grd. 1. rest of the question will automatically decided in this petition.

regards

SKapoor_Lawkonect (Lawyer) 09 January 2014

Hi rajendra, in the light of facts and circumstances as enumerated by you I will not opine that you should raise the grounds of ‘sterility/infertility’ as it may also go against you in a DV case. You cannot get the FIR quashed on the grounds as mentioned by you in the query and regarding the ground of cheating in marriage, if the medical condition your wife is suffering of, cannot be substantially be proved by regular tests the ground can easily be rebutted by the other party in the divorce proceedings (if you plan to have one). Moreover, it should also be cleared to you at this juncture that DV case can be filed by a women in any form of domestic relationship so even if you prove that you both were not validly married it would be of little or no importance with regard to DV case. So, in all it can be said that you shall not include the infertility in your arguments in DV or Section 498a of IPC and with regard to quashing of FIR against your family members it can be said that you shall better try getting the names of your family members removed from the FIR showing to the court that they have not shared the household with your wife or there are not enough evidences against them. The SC decision in Geeta Mehrotra v State of U.P and anr (Criminal Appeal no.1674 of 2012) shall be of assistance to you.

Regards,

SKapoor,

Lawkonect,