false 498a, DV act section 9 (b) and 37 (2), Maintenance case , advise

My brother Got married on 11-12-13 and have a baby girl. She need more money and live independet. for this reason she left home 14-05-15 and went to her parents home. later on 30-06-15 she given a complaint to police station, the police were called us and enquired, Mean while she file 498a case on 18-03-16 through court. Again the police were called and done enquiry but till today charge sheet is not framed. Again she filed Maintenance case , we did not file any counter to know her strategy and what she can produce evidences. the court given order 1500/- pm. again she filed DV case. what we can do now onwards. she dont have any evidences, in her complaint, she mentioned her parents are the witness for this incidents. She simply playing games by doing false allegations. What are steps has to take now on wards. we are ready to fight against her. because we are true and honest. kindly help us

Answers (2)

66 votes

Hi if you are very clear that your brother s wife has filed case for seeking more money then you can file case against her seeking divorce on the ground that she has filed case just for seeking more money and it amounts to cruelty.
So you can take protection under law

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82 votes

Maintenance case is a separate issue as courts grant interim maintenance without going in to merit and once the case is decided, maintenance may be granted/cancelled. in your case since there is a baby girl, courts might grant maintenance.
In 498A, you will definitely win the case as her parents are the only witness and they are not considered as reliable witnesses.
DVC case is one case you need to be Careful as DVC will result in protection orders and compensation. You need to fight DVC case tooth and nail
Normally child custody and divorce should follow and so it is better to be prepared.

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