Civil Procedure Code (CPC)

False 498a/dv/maintenance after 30days of hindu marriage


[] BACKGROUND : -Met the girl and girl's family through matrimonial site. - We are from one state and the girl and her family is from different state. - After 30 days of hindu marriage, my brother's wife fled with all the jewelry (her own & the ones we gave her). - Filed false 498a/DV/Maintenance cases in her state. - All allegations are the general trash (physical/mental/verbal torture/abuse, took my jewelry, tried to kill me, father gave 50lac dowry etc.) & vague, no date, day, place etc. [] CASE STATUS : - Maintenance : Rejoinder (4 Hearings As Per E-Court Website) - DV : Appearance (4 Hearings As Per E-Court Website) - 498a : Police Investigation At Police Station/ABA Case Still Going On(4 Court Hearings As Of Now) /Charge-Sheet Not Forwarded To Court. [] QUESTIONS: Q1) Permanent exemption from physical attendance? Their city is 1200kms away from our city. Q2) CCTV footage of her fleeing the house with all her luggage (1 suitcase, 1 bag, 1 handbag, she is also wearing all her jewelry) when we were not present (she is looking healthy, is well dressed, no stress at all) & full day footage of her when she lived with us are available. We have CCTV everywhere except the bedroom and toilet. Can we quash the false cases based on CCTV footage alone? Q3) Should we play defensively or deploy counter-cases ? Q4) We saw the false DV case on the e-court website, the date is coming but no summon received yet. What can we so ?
 
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Q1) Permanent exemption from physical attendance?

Their city is 1200kms away from our city is not the ground for getting exemption from physical attendance of court.

Q2) CCTV footage of her fleeing the house with all her luggage (1 suitcase, 1 bag, 1 handbag, she is also wearing all her jewelry) when we were not present (she is looking healthy, is well dressed, no stress at all) & full day footage of her when she lived with us are available. We have CCTV everywhere except the bedroom and toilet. Can we quash the false cases based on CCTV footage alone?

You can use cctv footage in your defence. However more advice can be given only after watching the footage.

Q3) Should we play defensively or deploy counter-cases ?

You have to fight out the case.

Q4) We saw the false DV case on the e-court website, the date is coming but no summon received yet. What can we so ?

You can wait for the service of summons.

 

Try to amicably settle the dispute by involving the partners and elders from both the side. 

 
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Originally posted by : SHIRISH PAWAR,
 

Q1) Permanent exemption from physical attendance?

Their city is 1200kms away from our city is not the ground for getting exemption from physical attendance of court.

Q2) CCTV footage of her fleeing the house with all her luggage (1 suitcase, 1 bag, 1 handbag, she is also wearing all her jewelry) when we were not present (she is looking healthy, is well dressed, no stress at all) & full day footage of her when she lived with us are available. We have CCTV everywhere except the bedroom and toilet. Can we quash the false cases based on CCTV footage alone?

You can use cctv footage in your defence. However more advice can be given only after watching the footage.

Q3) Should we play defensively or deploy counter-cases ?

You have to fight out the case.

Q4) We saw the false DV case on the e-court website, the date is coming but no summon received yet. What can we so ?

You can wait for the service of summons.

 

Try to amicably settle the dispute by involving the partners and elders from both the side. 

"Try to amicably settle the dispute by involving the partners and elders from both the side. "

That is not possible anymore. The woman is a golddigging wh0re a$$ b!tch, who married my brother for money and now when he refused to take his share of money and live separately with her, she ran away and filed false cases. Let her rot in the gutter, where she and her family belongs.

"Q4) We saw the false DV case on the e-court website, the date is coming but no summon received yet. What can we so ?

You can wait for the service of summons."

We have been waiting. but no summon yet. If we don't get the summon, will they get ex-parte decision ? How many summons are usually deployed in DV cases ?

 

"Q3) Should we play defensively or deploy counter-cases ?

You have to fight out the case."

Yeah, I got that. I was asking whether we should aggressively file counter cases or play defensively.

 "Q1) Permanent exemption from physical attendance?

Their city is 1200kms away from our city is not the ground for getting exemption from physical attendance of court."

So, they filed a false case, now I have to spend money to travel all the way to their place on my own cost ? You can't be serious. What about attending via video conferencing ?

 
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