Legal Question in Family Law in India
My wife left matrimonial house on 16 May 2014 afterwards we got to know through newspapers that she filed a case Under section 498a/34 dated 12 June 2014 on me, my father , my mother and my married sister How ever we got anticipatory bail for the same even she filed objection on my bail also. Then I got notice for maintace case for interim and further under CrPc 125 claimed Rs 50000 per month on which Interim case is dismissed and now we were summonsed under domestic violence act on which she is claiming the same 50000 per month. There are two things on which I would like to light that we all are accused in DV act where ever my sister is married and doesn't stays in share hold with us and the second thing is she is putting unnatural sex charges in DV case which is filed just after 4 days of FIR. So it is natural if she would have added in FIR then apart from 498 other section was added. And she even didn't attached any medical report for the same. So as from this merits what benefits we can take and counter fire on them. As my sister is married 8 years before can she file a case is defamation suit against my wife as she is putting her DV case.
2 Answers from Attorneys
You r correct. Putting the charge of unnatural sex is an after thought and your defense would be why didn't she put in FIR u/s 498A. That was an appropriate platform to fasten that fact. All your family members shall get the bail easily in 498A and D.V. File a quash petition against both the cases in HIgh Court.
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file quashing of both the cases before High court and file divorce case after completion of one year of marriage
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