premkumar - coimbatore / Tamilnadu
Name: premkumar
Comments: A false DV case was filled on me on 1.8.08 and a intreme order for custody of minor child ( boy 5.8 years old then)knowingly that GWOP 5 years and above father is the guardian which was given in writing to them on 30.6.08 itself in the police station at coimbatore, Case pending at Trichy court mean time I filled a Quash with High court on Sec. 2Q ( women can not be respondent) & aganist the summons send by the mej. and other facts.
Can you guide me on some precedents of DV quash so that it would be of great help to me since my case is up for hearing on 25th also some other grounds if any in DV since it is a new law inc. the lawyers are not fully aware of all the points.
With regards
prem
1 comments:
There are lot if things which you can do in case if you are accepting 498A/DVA .
A)File RCR aginst her & mention the condition which she cannot fullfill for coming back .
B) File 498 case against her .
C) File theft case against her that she is taken jewellary.cash from the house ,threat to death give by her parents.
d)Prove that she is well qualifed to earn her livehood ask court under section 24 to show her previous details educational background in case she give wrongs information then you can file under under Indian Penal Code sections 388 (extortion in the name of false prosecution), 506 (threat to life) and 34 (criminal conspiracy with common intention) ,sections 285, 389, 506 and 120 (B) of Indian Penal Code that deal with extorting money, criminal intimidation and criminal conspiracy & 423 IPC Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
IPC : 463( Forgery for filing information), IPC :464( Making a false document )
Most important thing as she has filed the case under IPC 125 when ever you have trial say in court you need her back (As you have already filed RCR and even mention term and conditions) and in case she is not ready to come back then you can ask her to live in shelter home aproved by Govt. where she can live free on cost and medical care is also taken care off free of cost and you are ready to pay Rs 500 per month as her personal expense .court cannot denie it .
d) file case under IPC CRPC340
if she file case under 498A file a case to her/family members say that under criminal idea act they have give you dowary without demanding under section dowary act .
belive me she will be on your feets .
Even in court ask for AB/intrim bill in lower court as you say there is fear of your life from your wife & in case if court refuse then ask her for 7~15 days time intimation from police in case any investigation is required by police under 498a>DVA
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