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sunny s (executive)     13 June 2013

Please guide experts !

Keeping it short i want to take expert advice, as my wife went to her parents home by her own wish, due to some minor differences, she has fild a case u/s 125 for maintenance,

Then i filed a case u/s 9 for bringing her back to matrimonial home,

Then she filed a case u/s 12 of domestic violence on the basis of vague allegations.

Now She has sent me by post a copy of application that she has written to judge for sending me summons u/s 498-a, 406, 120-b.

 

Please advice is it possible for her to file these cases in my case, because she first files maintenance and then domestic violence and now threatening me for 498-a, 406 and 120-b , where as i had already filed a case u/s 9.

 

Thanks and please reply your advice.

God Bless !



Learning

 4 Replies

M.Sheik Mohammed Ali (advocate)     13 June 2013

where are you from ?

how she is filed  498a and 406 120b, either directly written to judge or rule of law

pls clarify me.

Advocate Deepak Gupta (Lawyer)     13 June 2013

Issue of summon depend after the cognizance taken by court and  recording of statement of complainant and witnessess filed by complainant ( Wife ) . Its not possible to registered  u/s 120B of the IPC , only  u/s 498A and 406 may be registered against the person mentioned in complaint . Section 9 , DV not effect the  register of 498A
case. But you may take advantage of DV content and section 9 reply content in 498A .

sunny s (executive)     14 June 2013

Dear Ali Sir, I a from Amritsar, Punjab. And she has sent me a copy of her application under 4898-a (By her advocate) written to the judge for sending me summons. 

sunny s (executive)     14 June 2013

Dear Gupta sir, thanks for your reponse !


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