Legal Question in Family Law in India
My wife went with her parents by saying that she needs to complete her studies. We let her go on 6th July 2014. Since then she never turned up to my house. We tried thrice to bring her back to our home but every time her father denied stating that the day when she will complete her studies we will send her to your house. Now as soon as she completed her studies, she filed false case of 498A and DV aginst me and my family members on 23 June, 2014.
I wanted to know then can I put an application for quashing the DV against me and my family members.
Some brief points noted by by me in the statements made for 498A and DV
498A Statement:
-I was beaten up by my husband and my in-laws never used to provide me everyday food.
-My Father-in-law use to drop me to my college.
-My in-laws were demanding 5 lacks from my parent failing to which they thrown me out of the home.
-My mother-in-law use to ask me sleep in the bedroom of mine with doors open. She never allowed me to meet me with my husband.
DV statement:
-I was never allowed to go to college.
-My husband use to show me vulgar pictures and ask me for unnatural sex
-My mother-in-law used to take all my salary from me.
-She never allow me talk with my parents
- She use to always taunt me saying that I did not brought dowry from my parents home.
Lots of points mentioned in DV are contradictive of statement made in 498A FIR.
1 Answer from Attorneys
See, first of all, file a quash petition in High Court against both the cases. The contradiction is apparent and on that basis you can at least get a stay for the time being. If you get the stay, at least you have not to attend trial court. The delay on her part to lodge the FIR can further weaken her case. If you can show the conversation on your earlier visit, it would be beneficial as well.
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