Hi my self Mahendrra T. Request all to please guide me on legal front to save my life from my wife, in-laws & our gender biased law. My self married in Apr-2004 in Maharashtra & have 3yr old son. On 9th Dec 2007 my wife had filed 498a case against me & my parents under sections-323,504,506,34 & allegations are - she was thrown out of matrimony house, physical & mental torture for dowry of 5 lakh for the purchase of flat. Some how I managed & there was no arrest in 498 case.
Immediately after 4-5 days i.e. on 12th of Dec-2007 my wife filed another case against me under Domestic Violence act with sections-18,19,20,22,23. Charges in both the cases (498a & DV) are exactly same & there is prey for maintenance & compensation for physical & mental torture. Important thing is that both the case were filed from my wife’s parental town. Thanks to all false allegations & contradict statement given by my wife & her parents during 498 trial we are acquitted in 498 case & judgment was given after 2.9 years in Aug-2010.
Now DV case trial has began & my wife’s cross examinitation is going on. In DV case court has already passed interim compensation order for both my wife & child & I have been paying the same for last 3years. Also request was submitted before the court for DIR report but due to non availability of the required Designated officer same is not done in my DV case.
I have below queries & need expert advise -
Q1. Can I go for quashing of the DV case citing that the same charges of DV case has not been proved in 498a case..?
Q2. I heard that DV case need to be finished in 60days..Is it true..? In my case it’s going on for 3 years.
Q3. Till date both have not applied for divorce. I am 100% sure that I would be acquitted in ongoing DV case also. Reason to say this is I have strong proofs with me to prove myself innocent. In that case
- Is she still has options to enter my house with or without court order..?
- Can I ask for legal separation order in DV case itself..?
- Can I demand quashing of existing maintenance order OR final maintenance order..? OR else just pay for child only..?
Q.4 Till now I don’t want to apply for divorce first. Am I doing right not applying for divorce...?
Q5. Can you please advise on the grounds (desertion - separated for last 3years, false charges in Dv & 498 case etc.)to be used to file divorce petition..?
Q6. How much time would it take to get me divorce...?
Q7. In current situation shall I wait for DV case result by demanding legal separation in it or file divorce case..?
Q8. On legal separation request if my wife confirms to rejoin then..?
Q9. I want file Divorce petition from Matrimony house City i.e. Mumbai but if my wife demands will the case get transferred to her parental house City...?
Thanks in advance.
