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(Guest)

Need Help ASAP

Mine is Love Marriage.Iam from Scheduled Caste and the girl is from a forward caste.We had the affair of 10 yrs before marriage from my studies.Asusual,Her Parents objected for our marriage.One fine day we got married with out her parents consent.We stayed for 50 days together and she left my house listening to her parents.She used to stay with her parents and meet me secretly.One fine day,they filed 498 case against me.After my bail,i filed for RCR with all evidences of my Love marrige and a letter from her stating that she is not willing for divorce which she has written me a while back.She filed a counter to RCR saying she is not willing for reconcilation and filed for maintaince.Now Maintaincance case is in Enquiry stage.

I would like to know,

1.Whether she will be entitled for Maintainance,as i have filed for RCR?Also,she is working now...

2.What would be further procedure/steps in Maintainance and RCR?

3.What would be impact of 498a in case of Love marriage,as i have not taken any dowry and didn't harrass even?



Learning

 5 Replies

snow (xxxxxxxx)     09 March 2011

 

Hi, very sorry to hear what happened to u, but first speak to her parents and let them know that u love each other, try and convince them that their daughter will be happy and now a days no one is bothered about cast .

Talk to your wife, find out what made her leave u, is it really because of her parents that she left u r is there any other reason for that.

when she can marry u with out her parents permission , i don't think she will leave u if they ask her to leave u.

All the best.

If they have filed such cases against you they should have proof, so don't worry.


(Guest)

May be, it seems to be a surprise...Though we are in 2011,caste based discrimination is still in India.

From 3 long years after my marriage and many tiresome efforts to save my marriage,the situation is here now.And my wife is just playing a double game .She met me very recently and telling that she needs all kinds of support from me,but finally she wants to listen and act upon her parents word.She said this very boldly...

Iam a Software Eng. and earning a handsome amount...Already i lost lots of money & energy from past 10 yrs and left out my Higher education even.Iam father less and only son.Now i dont want to loose anything more in my life,,, 

So please help me to answer my queries,as i want to leave this place from all my bad memories that i faced till now i faced...

1.They claimed for a Maintainance of 20k per month...Will she be entitled for Maintainance,as i have filed for RCR?Also,she is working now...Infact i still love her and wants to reconcile if she accepts...

2.What would be further procedure/steps in Maintainance and RCR?It is in Enquiry stage...What is this stage and what should i answer?

3.What would be impact of 498a in case of Love marriage,as i have not taken any dowry and didn't harrass even?

Tajobsindia (Senior Partner )     10 March 2011

@ Author

It seems you are now a cash elephant for her side of family ! This opening mantra apart on your minor que. my opinion are as follows ;


1.They claimed for a Maintainance of 20k per month...Will she be entitled for Maintainance, as I have filed for RCR? Also, she is working now...Infact I still love her and wants to reconcile if she accepts...
Once you trigger any activity under HMA using S 9 till S. 13 it is logical that wife shall file a maint. case to support herself as per couples status at the time of marriage and thereto plus litigation expenses to run the cases. Since your total salary not known and even her recent salary not known it is difficult guess to state how much maint. she is entitled for. You have to bring to record her working status by witness summoning / evidences / cross examination etc. For your love quotient I reserve comments.


2. What would be further procedure/steps in Maintenance and RCR? It is in Enquiry stage...What is this stage and what should i answer?
Once you file S. 9 HMA her side will file a reply. You may choose option for rejoinder or proceed on admission / denial of docuuments / witness list followed by framing of issues and so on so forth is the process flow which your ld. Advocate by now might have already told you of these steps which you are double checking here ! However, in between counseling and mediation of parties as efforts are done by a court. Go and face the trial that is what you are supposed to do once you file RCR (S. 9 HMA) and if she comes back well enough if she does not then become a debit man and contest suits for claiming your inncence and or go for mutual consent divorce with onetime lum-sum payment and carry forward with your s/w job ! 


3. What would be impact of 498a in case of Love marriage, as i have not taken any dowry and didn't harass even?
Including mine every Indian marriage is done without giving / taking dowry except a rikshawalas marriage (I have yet to hear one single dowry charges case on a rikshawala) ! In all ladies marriage they were forced to give dowry is th eonly gospel truth. Well these revelations from book of gyan are besides the point, once she files S. 498a , 406 IPC etc suits it is you and your side who has to prove your innocence. She has done her job by filing the complaint case and is required only to come at evidence stage till then bell bajao....... Love or temple or court marriage has not much of impact on S. 498a IPC other than confronting the dowry and crulety allegations and ultimate acquittal afterwards from such highly misused sections of IPC.


Suggest to read down last 150 posts on 498a IPC in Criminal and Family law forum the gyan of various contributors herein are quite sufficiently discussed. There is no substitute for spoon feeding.


All the best. 


(Guest)

Many thanks for your reply...

i earn 50k and if she is also working and earning 50k.What would  be the maintainace i may need to pay?

I have the proof of project plan sent to her Email by her lead in which she was assigned to perform tasks with the project durations mentioned.Are these proofs enough to prove her wrong statements in MC petition that she is not working...??

Avnish Kaur (Consultant)     11 March 2011

1.collect proofs of her earning- no maintenance

2.collect proofs ( if any) of her abusing you / your MOTHER /Sister   (IF ANY)  for u being a lower caste and file complaint under SC/ST act

3.DONT WORRY - contact an expert , honest  criminal lawyer to work on step 1 and 2 listed above.


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