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498 A Victim (Service)     25 August 2014

Fight against false 498a

 

My wife has  filed fake 498 A case against me and my family in january this year. we are married for 9 years and she is residing away from my parents from 7 and a half years. She left the house on her own. I also followed her on my parents request to be with my wife and not let her live alone. our marriage was never smooth, though it was a love marriage. due to continuous differences Me and my wife started staying seperate since 2011.

 

My parents have got the bail but my bail plea has been declined by high court. we have approached supreme court in April this year but since then havent got any hearing.

I have a couple of questions which I need advice on;

 

Does it take this long for hearing or my lawyer is weea? 

 

what are my changes of getting bail?

My wife is earning almost double of my salary and she is more qualified than me. Will I still have to give alimony?

 

working wife can not claim for maintenance. right?

 

she has claimed to spend almost half a crore in the marraige but the truth is it was not more than 4 to 5 lakhs..  and same amount was spent by my family too.. its shown in the marriage video also that the kind of marriage we had. will that work as a proof?

 

we do not have any ancestoral propery. can she claim share from my parents property ?

 

We first got married in arya samaj mandir without our parents knowledge. and then after 3 months had a proper marriage in presence of family, relatives and friends. she has not mentioned about Arya samaj marriage in FIR. Can this point go our favor as she is trying to hide the fact that it was a love marriage.

 

as mentioned above we were not living together from 2011 and she filed the dowry case in jan 2014, after 2 years since we are not together.. she has also mentioned this thing in her FIR. which clearly shows that she is lying. How can I hit or harass her when we are not even sharing the same house. will this point be counted in my favor?



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 2 Replies

Tajobsindia (Senior Partner )     26 August 2014

1. It cannot be said she left without your consent as facts gives assumption the moment you also followed her out of shared household to rented place for staying with your wife. This is the reason prime facie Bail is being rejected to you.

2. Bail hearing before Apex Court does take time. One can try mentioning.

3. Bail is based on merit and you have to wait for the Hon'ble Bench to make a decision on the same. 

4. Interim maintenance will not be allowed, for alimony (full and final maintenance) one needs to see whole facts of marriage life of spouses and not simply that she is earning double is only taken on board. 

5. Yes educated and working wife are declined maintenance from Court provided one presses the argument for the same. 

6. Ask her to submit evidence of trail of money for 5 Cr. on marriage expenses that she claims. A person who alleges first has to prove and then you cross her with your set of proofs to demolish her allegations that is spirit behind Criminal Laws proceedings. 

7. No she cannot claim during your lifetime any rights in your ancestral properties. 

8. She can be allowed to state either form of marriage in her Complaint or under Civil suit matter provided they were done in accordance of personal Laws followed by parties. That is all that matters. 

9. Late filing Dowry case raises some doubts, the moment doubts are created - raised in Criminal cases the Complaint case becomes weaker and resulting the accused getting relief in Law. Discuss with prudent Advocate how to press doubts in Complaint case matters accordingly.

 

[Last reply]

498 A Victim (Service)     27 August 2014

she left the house first. and starting living on her own. her parents supported her for this. I started living with her after 3 months as my parents asked me to do so as mentioned above. Now she has also filed another false case against my parents that they are threatening her and her family to take 498a case back and requsting to get my parents bail cancelled.


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