Legal Question in Family Law in India
Sir,
1. I have filed divorce petition on 09 feb 2010 in family court , dehradun on the ground of cruelty . After that my wife filed false complaint against me , my parents and my married sister u/s 498A/ 313/504/506 IPC on 24 feb 2010. On the said complaint an FIR was registered on 24 apr 2010 and i was arrested and jailed. I was bailed out after 03 days . My old parents and married sister had also to seek bail after surrendering before the court and after remaining in judicial custody for the day. After having implicated as mentioned above , my wife tried to prove herself as a devoted wife and came to the court while my bail application was being heard and gave a dramatised version that she does not want husband to be sent behind the bar / jail and gave a legally motivated statement that she want restitution and produce a false affidavit alleging that compromise has been arrived . The fact was there was no occasion for any compromise since i was in jail . My sister is married and false criminal case also effected her married life . Same thing was published in the print media also which led to social defamation .
2. my wife did not stop here in demeaning me and she wrote letter to my superior officers on 24 feb 2010 containing scandalous and perverse allegations. She met my senior officers on 01 apr 2010 and narrated false stories about me having affair with other girl and alleged that she has been thrown out of house . she virtually sat on dharna in the official premises saying that she would not go back and i be compelled to live with her . After she realised that nobody is listening her she left the place .
3. sir, my parents are old and since i am in army they live alone . In my absence my wife is harassing and terrorising my parents . on 15 mar 2010 at about 08 P.M she forcibly tried to enter in the house of parents. she hurled all kind of abuses to my old parents my parents to save themselves called upon neighbors and relatives . Despite the presence of neighbor and relative she kept on abusing my parents , she went to an extent of saying that "I sleep with my mother whenever i come on leave"
4. Sir, all above action has happened after i filed my divorce petition and as per my advocate advice application under order VI rule 17 for the amendment of the petition already submitted in the court. However , my wife filed an objection against amendment application on the basis that statutory period of 90 days has lapsed since 18 aug 2010 i.e date when i received reply from my wife against my divorce petition. Their contention is my wife has already mentioned about the criminal case in her reply . Thereby now i am legally bared to take the defense even to counterclaim.
5. My question are as under :-
(a) Is my move legally justified or otherwise as contended by them.
(b) she has mentioned about the criminal case in her reply but that is her version and she has not mentioned other aspects which i had mentioned above. so is it not legal to add on those aspects and my application under order VI rule 17 for the amendment of the petition be accepted
(c) how much effect the false 498A case will have on my case which she has filed after i filled divorce petition
(d) will there be any effect of her statement on my divorce case which she has gave in the court while my bail application was heard. Will court not take my 03 days of jail and my parents and married sister judicial custody as mental cruelty implicated by her
1 Answer from Attorneys
Since your case is already pending in a court, your lawyer conducting the case may advise and guide you better.