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(Guest)

Cruality and blackmailing u/s 125 cr. pc.

Is I am come under perview of u/s 125 Cr. Pc. ?

My cheated me taking all the valuable jewellery and looted me from net banking and ran away with out my knowledge as she was going as routine to her mother house leaving me deserted.

I have filed an RCR, after the judge kept the matter for experte, I took back the case feeling there no use of RCR as the court cant force her to return back. In her cross examinitation, she admitted I have came to her to take her back, but she refused.

Even she has admitted that she has left the matrimonial house on the ticket which was booked my me 15 days prior (The allegation in the application says that I was kicked her out of the house cruelly.

On only the observation that I have neglected to maintain her is the fact I have given divorce. And the maintenence amount was fixed by observing my bank balance which I produced for showing misaprotiation done by applicant by internet banking transfer by which my amount of sold property which had been given from my father after demise.

Actually income according to the judge abservation is much speculated as Rs. 30K to 40K, where as my average income is less 10K as my business is depended on power cuts as am in business of assembling UPS in a very small city where the percapita incom is also very poor.

Do you you think I am liable to pay the maintenence and the interim maintenence to even to her child from first marriage? Can I get Stay for Upper court for both final Order and for the Interim orders?



Learning

 6 Replies

Tajobsindia (Senior Partner )     02 October 2011

@ Author

1.
Blow hot - blow cold situation (may be) you are facing :-)


2. If ld. Court inferenced your income to be in range of 30 - 40 K then half is for you to burn and from balance half ld. Court may decide 1/3rd. into the kitty of minor and wife colly. provided if she can show unable to maintain herself further provided her refusal to return back to matrimonial home is convincing enough to ld. Court.


3. Otherwise I would suggest to wait for the outcome of interim maint. stage and if the interim maint. award is not too pinching to your privy purse then express fast track the main maint. case to reach its finality and walk away with your destined life meeting such obligations regularly. Since 'fraud" element and or 'forgery' and or and or "perjury" elements are not coming out convincing enough as ingredients of a contested maint. suit from your brief except few stray hot / cold grievances here and there hence take your calculated call either to file and or to wait either or respective counter applications under these heads with your hosh and or josh since end of the day it will be you who will be servicing these counters.


4. Also take time to sit with yourself to determine as to what you want all these messy situation to end into as; Divorce / child custody / MCD – remarriage etc etc. I feel very limited final scope such briefs end up into ?????? 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 October 2011

Tajobs Sir,

 

The Interim Maintenance has been fixed.

 

Now Imran, you either need to comply the order or you need to challange the same.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Sayanti (Software Developer)     16 October 2011

My name is Sayanti, and my family is victiim of BLACKMAILING, harassment, insult and emotional abuse. My brother got married on May 10, 2009, a typical arranged marriage. However, on the night of the wedding reception, she demanded from my brother that all out properties and money should be transferred to her name, because my brother and my parents can "die" anytime, so she will take all the money, buy GOLD with it, and keep it with herself, so her future life is secured. She also demanded, on the same night that, once all my father's property is transferred to her name, my brother should cut off al relationships with my parents. We were shocked to hear all this. However, to keep peace in the family, we kept out mouth shut, and kept fulfilling all her and her family's demands. We have been doing everything to keep her happy, starting from giving her any amount of money whenever she asks for, fees for her computer classes, fees for her music classes, her mobile phone bills, her beauty parlor expenses, expensive gifts to her family members on all occasions.

Even then, she has continually been cusrsing and emotionally abusing my family saying that she has been cheated by us, because, they thought that since my father is a Chartered Accountant and held a very high position in a public sector company, plus I live and work in the United States, they assumed that we have loads of money, but after marriage she found that we have nothing, and thus she has been "cheated".

Since October 12, 2011, she and her family has started BLACKMAILING us, that if my brother immediately does not transfer all out family's wealth and property to her name, she will file a section 498a case of domestic violence against us. Not only that, she will even attempt to hurt herself and held us responsible. She also mentioned that "by now, you all already know that I am an excellent liar, and I will make up numerous false allegations against you, and the judge will believe all my words, I will just have to shed a few tears, and you will all be behind bars just like that".

I have no idea what I can do to protect my family from this situation, I did not find any law that can protect a husband from domestic violence from his wife and her family. Do you have any suggestions for my situation? Should I file FIR against my sister-in-law? My end goal is to get rid of this relationship for ever and protect my family from the evit intent of my sister-in-law and her family.

I am thinking, the evil people, who earlier used their sons to squeeze out money from bride's family, are now using their daughter's instead to squeeze money from the groom's family, such that they now protected by law, and groom's family cannot do anything..

Please help !!

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

Join and read exhaustive discussions on forum.498a.org

 

You can also search and download "498-a survival kit"

 

Also contact SIFF members in your area.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

Thanks Shonee,

I have submitted Condonation of delay application and have applied stay for both interim maintenence and for the stay of main 125crpc case on several grounds of challenge for impuge judgement under section 19 of family court act. I am thankful to you for your inspiration in which I was neglecting the matter. Your attitude for social cause is very much appreciatiable. I solute for the same.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

I am humbled by your praise.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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