498A/406 case and Domestic Violence (Section 12 and 23)

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    • #91


      I was married on 30/01/2009. After staying with me for only 8-10 days, my wife has filed a 498A/406 case against me on 10th April 2009 (Case no 204/Jadavpur PS). My bail was confirmed on 12th June 2009. After this, she has again filed a false case of Domestic Violence (Section 12 and 23) and the case no is 1304/09. I received the summon in August 2009. She is not staying with me and has taken all the Stridhan articles by way of a seizure list on 17th April, 2009. The 498a trial is yet to begin. Can she do it? Can You send me some judgments that can help me?


    • #818

      You have little to worry about now. You have already received bail and she has taken her stridhan articles in a legal format. So stop worrying about the Women’s cell case.

      The DVA judge will pass an order for protection and interim maintenance within 60 days of filing of case. This is a civil case with criminal overtunes. The most problematic issue for you will be if she passes a residency order asking you to provide a residence for this girl. DON’T AND PLEASE LET ME REPEAT DON’T under any circumstances let her come and stay in a portion of your house. This is favourite ploy to take possession of property. First she will start living in a portion of the house and then file petitions saying that you are committing domestic violence against her. The judge can then ask you and your family members to leave your house. A simple method to avoid this, if the house is not in your name is to shift out and start living in PG accommodation. Put your new address on court records. Create a lease deed going back since your marriage and show rent receipts for the same. File your divorce case from your new address.

      Get your Income Tax returns in order. If your wife is working, she may not get any interim maintenance as the marriage was so short. So grabbing property will be the only viable option for her.

      And for god sake get a good lawyer. The best you can afford. He will be cheaper in the long run.

      And watch your lawyer like a hawk. They are known for cutting deals both ways.

      If you need to talk or any advise, you can call me on my mobile. I have been through both these cases and know how difficult it can seem at first.

      sanjay mehra


    • #819

      Dear friend , within a few period from the date of marriage you are facing this drama of criminal case, it’s very bad , but can not do anything instead of defending the same. If there are no ingredient in the offense you may move before the court for quashing the said case, try your leaval best with the advise of your lawyer.

      m-9821387099, 9224799546

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