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Ankit (NA)     11 September 2013

Need help in fighting false 498a, crpc 125, maintenance etc.

My wife started fighting over minute issues just after 5 days of our marriage in December 2012, later her parents started doing the same as well, she stayed with me for just 3-4 months and then went back to her maternal place, we had a compromise in front of the elders and she came back after a month, but just after a month she called her parents and told that she was being beaten up and is locked in a room, which is obviously not true, and we got the call from the local police post and she went with her parents from there. 

She filed the case or signed the affidavit for the maintenance case on 7th June and then filed a complaint in the CAW Cell on the 14th June asking for a settlement and come back home, we attended all the dates in the CAW Cell and i proved all her allegations false. there she told me that she has filed a case for maintenance in the court and the date is 22nd Aug, and we reached on a compromise that she will take the case back and have filed a false complaint and once the case is taken back on 22nd Aug we will live separately from my parents, 

I called my in laws before the date asking where exactly is the case as i did not recieve any summon/notice yet, to which they did not reply, and now when i recieved the summon it states that the PF was filed on 22nd Aug itself, 

I Read her petition and found that she has given exact dates and time of when she was being harassed/tortured etc. also she has given the medical certificate that she was being unhealthy and was being treated at the hospital, 1) She went to the Police station in front of her parents on 28th May, and the post incharge did not send her for a medical checkup as she seemed to be in a perfect condition , 2) She stated that she is being treated on 1st June at the hospital, 3) The medical certificate she has attached is of O.P.D and has general treatment for nausea, general bodyache and headache. (the date on the certificate is different)

She also stated that i earn Rs 60.000 per month and demanded the maintenance of Rs 30.000, Which is also not true. 

I have all the proofs to prove that we have neither demanded dowry nor she was beaten up nor she was thrown out of the house, She went on her on will. 

I wanted to confirm what would be the right time to disclose the evidences that i have. 

She filed the maintenance case in Delhi, Complaint in the CAW Cell in Gurgaon, and i live in Ghaziabad.

I have the proofs of what she was doing in all of those dates and where were we. 

Would this help me in winning the case and what would be the correct time to disclose the facts. 

I have read a few judgements wherein it was stated that the wife has to prove cruelty in order to grant maintenance. 

Please suggest. as i do not want to pay her a single penny. 



Learning

 23 Replies

Raja_498a Victim (Manager)     11 September 2013

Hi Ankit,

All cases run on merits. If you have no kids then better to get rid of her. As she went to police station today, she can do any thing tomorrow.

You need to remember below points.

1) She can bribe police and file FIR 498a and DP act 3/4 any time and it is non-bailable. So becareful. Police can send you remand without any inquiry.

2) She can write any thing in the FIR and include your parents also.

3) She can file DVC or CRPC 125 (Maintenance ) and also ask residential relief from you.

Judges in the trial court are empowered to give interim maintenance like 5,000 per month till she proves allegations and it runs 2 to3 yrs for sure.

If she is working and if you can prove that no maintenance will be given.

Let me know if you have any questions.

 

 

 

 

 

VIRAJ KADAM (Advocate Supreme Court of India)     11 September 2013

Dear Friend,

"498-A" a tool in the hands of educated women to harass her in-laws. In 95% of cases the complaint is false and fradulent. Now, since she has filed this complaint fight it. From your narration it appears that your marriage is beyound reconciliation. You file for Divorce on the ground of cruelty. Yes, cruelty. This ground is also available to husbands. Consult one good family lawyer in your city and make move. 

Regards

VIRAJ KADAM 

Advocate 

Raja_498a Victim (Manager)     11 September 2013

Ankit,

Remember only 498a case is closed with your acquittal, then only it becomes ground for divorce. It takes 2 to 3 Years depends on pendency of cases in the court.


(Guest)

I differ from the point of @ Raja _498A that judges at Trial court are empowered to give interim maintennace of 5000/- per month.

 

Sir,

In DVA 2005 the megisterate has discretionery power to allot maintenance and relief by seeing the facts and circumstances according to financial capacity of husband.But in other cases there is no empowerment or you can say there is no universal judgement to grant 5000/- maintenance.It solely depends on the merit and facts regarding income of either of the spouse.

 

@Ankit,

If you have cancelled her all allegations at Caw cell then why you have bowed to her for settlelement.You would have proceeded the case on merit,as you have ample of evidences against her.

See,a single nightmare at Police station is better than rest of your life's nightmare with her,better file divorce on the ground of mental cruelity and fight your case by tooth and nail.

best of luck.

Raja_498a Victim (Manager)     11 September 2013

@Sufferer,

I am not saying by default it is 5,000 for all. Ankit told that she falsely claimed 30,000 per month and Judge may give IO as 5,000 per month in DVC as she claimed his income 60,000 per month.

If she is working or any other source of income, he can appeal in higher court or sessions.

Majority of Judge checks all evidences and decide the IO.

 

My case itself is an example which is against what you told (any thing is possible). My Wife claimed my income as 70,000 and asked for 20,000.

Trial court Judge himself without checking facts that she is working ordered 8,000 per month without my knowledge and my lawyer says Judge is empowered to give such order. (even before summons and I didn't even appoint lawyer in DVC).

I went to High court for appeal and next week it will be decided to cancel or not.

Let me know if you have any questions.

 

 

 

Ankit (NA)     11 September 2013

@Raja: Sir My marriage is of less than a year right now and 1 family lawyer told me that i have to wait for completing a year of marriage before filing for divorce, 

@Sufferer: That is 1 mistake i did because of some person's advice to take her back and see how it goes for the next couple of months, however 1 thing that happened was that she has given a documented statement that she has filed a false case. i have filed RTI to get the copy of the complaint and the statements given. My statement was if she takes the case back then only  i will take her back which did not happen... as i already knew that is going to happen. when she called the last time asking to come back i denied and she again went to the CAW cell from where i recieve the call and she said that i will get arrested. as i am not taking her back after giving the statement, i said that she has not taken the case back and my statement was to take her back once the case is withdrawn, After the call from the I/O of CAW Cell i went to the CAW Cell met the I/O who called me and theatens me to get arrested. Sat there in front of her for the entire day and repeatedly the next day asking her who is going to arrest me please call the person and arrest me...?? The I/O apologised and said that she cannot arrest me as she does not have anything against me. and granted me leave. ;) , Now there is this case which i have to fight and i am just waiting for the copy of the complaint of the CAW Cell 

Raja_498a Victim (Manager)     11 September 2013

Ankit,

As I told 498a case runs 2 to 3 Years based on the pendency of cases in the court. Only when court gives acqittal, you can file divorce on cruelty.

So let it complete 1 yr and then think of divorce.

First priority is defend your self of 498a and DVC cases..

Ankit (NA)     11 September 2013

@Raja: i agree with you. 


(Guest)

@Raja_ 498a victim,

 

You -yourself admiting that your lawyer told you the crooked stroy and you believed.It was your fault that you had not fought your case seriously,you have not shown the exact in hand income,your all expenses and liabilities before her and proove her counter allegations as false.

Nowyou have gone to HC.......!

Anyways best of luck,next time be ahead of her at any cases to counter her.


(Guest)

@ Ankit,

I would suggest you to first Know your Fundamental rights and then her women laws.

 

Be a constant reader of LCI related to your case.

 

For your concern:


As per your second post revealed I will suggest you to complete your one year duration till then have amicable talk with elder members of your family and her family and come to one single conclussion as what she want's and what you expect.

Based on the above facts you proceed for remedies.

If talk on MCD is agreed then go for that or else never succumb on their fallse cases for heavy extortions.

There is no law who will force you to coahbit with her if you don't want.

Collect her educational and working experiences and see wheteher is able to do job or not,make different strategies on her educational qualifications that she can easily get a job and maintain her.

Hire an extremely smart lawyer who could argue your case on maintenance as well as your divorce on mental cruelity if MCD is not there.

 

Raja_498a Victim (Manager)     11 September 2013

@sufferer,

When I am not aware of the DVC there is no question of fighting it and producing evidences.

This is what happened to me.

1) My wife filed DVC and I am not aware of it.

2) No Summons were issued to me. Opposite party managed it.

3) Last month, I got summons to attend the court.

4) I appointed lawyer and when we saw petition, found that IO is ordered for 8,000. Whatelse lawyer can do as myself and he also checked the petition on the day of his appointment.

I am shocked that how it happened. Went for appeal.

Let me know if you have any questions. If any thing went wrong from my end, It will be useful to me.


(Guest)

If such thing had happened then no need to worry just appeal for interim stay it must be listened with all prooves of your income.

life_goeson (owner)     11 September 2013

is it a limit that a judge can pass jus ta maintaince amount of max 5 to 20 k per month?....

Raja_498a Victim (Manager)     12 September 2013

It depends on Judge and location. In my location there are 2 Judges. One Judge always checks on merits and decides IO and other is biased.

 

Other one is always by default gives 8,000 per month. He is sure that we will go for appeal and it comes down to 4,000 or 5,000.

In geneal, it will be 1/3 of husbands income but depends on case by case. Like duration of marriage, kids and wife and husband income.

In my case because of bad luck (already got 498a wife), my case went to other Judge and he order IO 8,000 without my knowledge, using his empowerment.

I went to appeal and it will be decided next week.  But only thing, I need to pay money to lawyer and timewaste and presse ure.

I have evidences that she is working and I submitted before HC. 

Had Biased Judge asked me before giving IO, this situation wouldn't have come.

That is what I am telling, any thing is possible in India. (Police, Bench clerk and Public prosecutor all are most corrupted).

Lessons learned from life: You should never marry educated and irresponsible lady. Even if she is educated, you need to see she should be humble and determine whether polite and give respect or not. That is what key of marriage success.

 

 

 

 

 


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