My wife filed a case u/s.498A in 2004 with allegations of Illicit Affair and Torture .but no allegation of Dowry in the FIR.Allegation of Illicit Affair has not been proven and is also not mentioned in the Chargesheet.then she filed 125crpc case and getting Interim Maintenance since 2004.I filed 13 1 (ia)case in F.C and that is under progress.She lost the u/s.24 case.She filed DV in 2011 ,November.She is contesting the 13 1 (ia) case.we are seperated since March 2004.charges u/s.406 & 34 have been dropped by I.O after due investigation and even upheld by Hon'bl H.C.
She reconciled with me in 2010(after signing Memorandum of understanding(MOU) drafted jointly by our Lawyers but not put before the Competent court) for 2 months and came back to me but again filed fresh police complaint which was Dismissed by Court after I.O gave clean chit to me and no crime was registered.
1)Can the 498A be quashed as there is no allegation of Dowry in FIR/Chargesheet and even allegation of torture is vague/not specific and filed almost 8 yrs after date of alleged occurence in 1996 (as per FIR).there is glaring contradictions in the content in FIR/125 Crpc case/statement recorded u/s.161 , Crpc/U/S.24 and W/S in 13 1 (ia)cases.Marrage took place in 1996.
2)Is the DV case maintainable after 7.5 yrs as no new cause of action has arisen and she has conealed fact that she reconciled with me in 2010 and agains filed fresh complaint which has been dismiseed by Court,on ground of concealment of fact &/or Limitations of time ?also as she is already getting Interim maintenance u/s.125 crpc case !!!
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