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Neeraj Singh   07 May 2018

Wife in process to file DV 2005 Act case + advise on hma 13

Good day to all,

Summary so far

1- My father in law and wife filed false FIR 307, 498A, 3/4 last year one and my parents. 307 was quashed by IO as there was no evidence and not a single scratch found on my wife, as mentioned it was false. Also put me away from my both children to meet from past 10 months.

2- It's 11 years passed my marriage with 8 yr old daughter and 2 yr old son.

3- Further based on above cruilty , I filed divorce petition under HMA 13(1)(ia) and in return they filed 125. 125 Proceedings still not started.

Also, my wife did not appeared on two dates on sec 13 proceedings and next date was granted. Due to this I am still waiting to pass decree to meet my children as wife did not appeared for main suit of sec 13 in past two dates and in necessarily extending dates and taking next dates. We have also attached interim sec 26 child custody/meet but order is still not granted as wife is not appearing for sec 13 proceedings. In patallel, we have also filed GWA act sec 25 for which proceedings still not started.

What should be our next action if wife will not present on next date ?

How we can get the order passed for visitation right to meet my children ?

4- During FIR Iinvestigation IO told to meet my children. When I went to meet my children, my father in law, sister in law, mother in law, brother in law and my wife beaten me and try to press my neck and snetched my chain, ring and 15 thousand cash which I took for my both children as maintenance. Further I called 100 pcr. Full incident was captured in my phone as audio clip. Based on this I filed 156(3) to all of them. Proceeding still going on.

5- Now my in laws trying to file another case viz. DV act 2005 so that my wife can live with me in shared accommodation and maintenance. Notice still pending.

What should I do to quash DV act 2005 ? considering the fact that they have imposed 307, divorce petition already filed, and on one of the notice that written that they have threat from me.

I do not want to live with my wife in DV 2005 suit as I can not trust on my wife and inlaws now as that can plan something serious while living in shared accommodation under DV 2005.
As far as maintenance is concerned, my wife works in a private school and is MCom, BEd and is not entitled.
But I am very much ready to give maintenance to my both loving children.


Please guide me on point numer 3 and point number 5.

thank you for the ki d support.

regards
Neeraj Singh
9818117798


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