498 after divorce as X party
Mukesh Solanki
(Querist) 16 December 2017
This query is : Resolved
Dear sir I was married for 3 yrs in pube and did everything to save my marriage. But my wife wouldn't listen and left my 1yr baby to me and left. I filed for divorce and after 1.5yrs I hv a divorce as xparty .now my wife as filed a 498against me In rajasthan. How do I go about it. If I produce the document for divorce it has 5000rs as maintainace mentioned. I do not wish to pay this. What is the ed advice on it
Vijay Raj Mahajan
(Expert) 16 December 2017
You will have to contest the criminal complaint filled against you u/s 498A IPC by your wife. As far your divorce is concerned that will not be having much effect on the criminal prosecution whether you disclose about it or not. As far order of Rs5000/- maintenance to wife as mentioned in the order of divorce is concerned that you will pay if your wife seek its recovery from you from the Family Court that made such order by way of execution application, the Magistrate Court where your criminal proceedings takes place has nothing to do with that order of maintenance of Rs5000/-.
Mukesh Solanki
(Querist) 21 December 2017
OK thank you so much I appreciate it.
