Legal Question in Family Law in India
I am in US and my wife is in India separated for more than 6 years now after staying together for 1 1/2 years. Initially she filed false 498A case against my parents my brother and myself 5 1/2 years. My 498A case has been separated from other 3 accused. She is not appearing for the trial since its inception for last 2 1/2 years. She wasted 2 years in transfer of case which got rejected in the end. Recently like 6-8 months ago she filed divorce case and interim maintenance claiming huge money.
My questions are
1) Can I request family court to have family court cases stayed or hold till 498A is resolved. Because the same accusations and allegations are made in both the cases. Also can we ask to get 498A cases quashed before they can start hearing the family court maters. This is because on the whole this is a family matter and unnecessarily we have been dragged to criminal. Should I have to go to High Court for that or I can request to Family court before going to high court.
2) She was staying with my parents for 6-9 months and then she left and then she filed 498A case. Earlier I had to bring her there from USA due to frequent quarrels and so on.
3) She was staying with my parents which is also a matrimonial home and there was a reason why were separated so that she can calm down and our relations become normal. But ultimately she left and filed 498A. Now is this a case of me deserting her or she deserting to me as she left her matrimonial home.
4) Even though husband has to maintain his wife as per his status and I can think of a reason because she is habituated with that style and standard of living till they separate. But in my case before she left to her parent's home, she was at my parent's home with the same style as me and my parents. But she left my parent's home and for last 5 years she is staying with her parents with so called low standard of living. But now for 5 years she is accustomed or habituated to her parent's standard of living and she herself left the matrimonial home and not because we deserted.her or so. It was mutually decided to live separately initially but she will not confess that now. Can I request family court to either deny her maintenance or evaluate her needs and also consider whether she was initially separated due to the issues both of them have had and decided to live separately mutually for some time. Also if it is proved that she was not ill-treated but well-treated and take a good care of her in spite of trouble she caused to her husband. Once this is proved does that help me denying her maintenance or at least bring it to minimal.
5) Should I even represent case in the family court or let it go ex-parte and then appeal in the high court.
2 Answers from Attorneys
unless you defend your case by issuing a duly notarized power of attorney in favour of your lawyer, you cannot seek any remedies as stated by you. your representation in the courts is a must. the family court proceedings cannot be stayed on the basis of 498a. you must not let the wife get ex parte order and fight it out. in case your wife has deserted you, it would be a good ground for you to defend your case is family court.
As rightly advised before, 498-A is no basis for staying proceedings. However, there seems to be no plausible ground for approaching courts to quash 498-A. It is not a simple family matter as you under but a serious criminal matter. We in India have a long history of cruelty against women and domestic violence had been going unchecked. Therefore, you should not take the issue lightly. There may be possibility of your conviction and you and/or your parents may have to spend a few years in jail. I would strongly recommend an amicable out of court settlement of the entire matter - sooner the better.
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