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This topic contains 2 replies, has 2 voices, and was last updated by  santosh nisalkar 1 year ago.

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  • #1291

    Hello sir,
    I am santosh a teacher and my wife too. My wife had lodged false DV and FIR 498a, 504, 506, 34 and also 354 aga8nst my brother
    now she again filed 498a second time. all the field cases are false truly. The only girl child age 10yrs is living with me . She wanted her back by hook or crook.

    The story in brief as follwos-
    She filed such cases after 2 years of period spent in between our separation. The depression treatment of my wife is going on. From last 2 years And the treatment of stress of her father is also going on from last 5 years. Previously Daughter was living with her only for 8 months bt she beaten a lot that affected on the mind of innocent child so she is not eager to go with her. but one day in the school of daughter when I reached to meet my daughter wife has beaten me about not to meet daughter but daughter loved me a lot. All this incident was seen by my daughter and she has decided to live with me this was her own decision. From that incident she is living with me very happily. she don’t want to live with my wife becoz she has beaten her a lot when daughter was living with my wife. already told this to lower court but court has passed order that the child was influenced by me and spoon faded bt actually it is not true.
    Hon lower court has passed ex parte ad interim order of child custody. There on the protection officer came home for custody bt child denied to go with them. On the same day after 1 hr I personally presented child 8n front of magistrate. Bt there also cHild denied to live with her. By considering the wish of the child hon. court and the protection officers has told me orally to take the child home.(i have audio recording outside the court room where protection officer told me to take the child home. Should I present this as an evidence against the breech of order to get relief)
    After the 1 month of this incident the mediation was also failed by her.
    Their adv. Filed the breech of order against me the agreed and passed the order so. And suggested them to file criminal case against me so she filed 498a second time. And ask for the custody to the same court again.
    Now the questions of mine are follows_
    1. How the ex parte order was breeched?
    2. Why not the wish of innocent child is considered?
    3. Can she file 498a twicely?
    4. How can I take the bail again for the same 498a?
    5. Can I appeal against false ex-parte order?
    6. Can i appeal the final order of the ex parte order of lower court?
    7. Child is living happily with me can i apply for the cUstody of her?
    8. Can i suggest the lower court to reassess the matter again? And pass the order.
    9. Please sir suggest me another suitable and effective way?
    10. Can DV is maintainable after 2 years? While I sent an answer to her mutual consent notice that about to live together for the welfare of the child.

  • #1293

    The answer to your question will need detailed examination of the facts, papers, and orders of the court. Please engage some lawyer if you have not done so already.

    Yes, you can challenge the order of the court before the higher court. Legally, there is no restriction on a second case under Section 498-A IPC if there is a fresh cause of action. Of course, you can obtain bail in the second case also, including anticipatory bail, if necessary.     

    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • #1294

    Thanks a lot sir
    For u r valuable guidance.
    Do needful

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