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False 498a/DV/Maintenance Case By Fraud Wife & In-Laws
20-Jan-2023 (In Divorce Law)
BACKGROUND :
Met the girl though matrimonial site. My brother married her in her own state where she lives. After 30 days, she fled with all the jewelry (her own and the ones we gave her). Filed a false 498a/DV/Maintenance case in her state.All allegations in her complaint are the general trash (physical/mental torture, physical/verbal/mental abuse, etc.) & vague, no date, day etc.
CASE STATUS :
- Maintenance : Rejoinder
-DV : Appearance
-498a : Investigation
QUESTIONS
Q1) Can we get exemption from physical attendance due to long distance, including my brother? Their city is 1200kms away from our city.
Q2) We have CCTV footage of her fleeing the house with all her luggage (1 suitcase, 1 bag, 1 handbag, she is also wearing all her jewelry) when we were not present. Also, full day footage of her when she lived with us. We have CCTV everywhere except the bedroom and toilet. Can we use this & free ourselves from this wretched woman & can we quash on the false cases based on CCTV footage ?
You got to contest all the cases. Your lawyer will take care that you are met with least difficulties in respect of your travel and other mental / financial problems. You need to provide all the proofs to your advocate there.
Helpful?
Adv. Mohd Atik Iqbal
Akola | 900+ Answers
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You can file a police complaint that she has stolen and fled with all jewellery and valuables.
you have not mentioned whether or not the FIR has been registered u/s 498A, and whether the same was submitted for counselling before Family welfare cell or some thing of the sort.
In case if the FIR is registered need to take ABA and also based on the facts go for quashing the FIR. You need not attend all the dates of hearing and your Advocate may seek exemption on some dates.
You will have to file for divorce to get rid of her.
Helpful?
Adv. Sunita Bafna
Mumbai | 50+ Answers
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hi
in this case you have to apply for anticipatory bail as soon as possible.
you may be exempted from appearance in the proceedings by the leave of the court.
for anticipatory bail application you need not to be present in the court for hearing
further you can apply for quashing of FIR before the high court
Helpful?
Adv. Rohit Shaligram
Pune | 5+ Answers
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