498a/ 125 & domestic violence filed by my wife
sourabh
(Querist) 13 April 2017
This query is : Resolved
Dear Sir
Got married in April 2011.
Since then Wife not trying to adjust & fights are happening inspite we both staying away from parents as i'm in private job. have 4 years son born in april 2013. After that also things didnt normalize, my wife stays with me for 3 months, goes to her house for 2 month & then come back, march 2015 my in laws took her to house as fight started in big shape, oct 2015 i send divorce notice, after that they tried filing 498 but no fir was lodged as my case was already went to court, police guided us for mediation, looking at my son & to save marriage, we did compromise in court by having joint agreement in june 2016 & then bring my wife along with me to gurgaon, after this also things didnt normalize & october 2016 again my wife went to her parents, i also kept quiet but in march 2017 my wife lodged fir against my family under 498 & then filed 125 & domestic violence, they trapped me like anything as my early case of divorce was settled.
in 498 we immediately got the bail & 3 days back there was date for 125, judge who was taking case also guided us to stay together instead of going for all this.
now i am totally confused what to do, also my parents are in great tension, we know nothing will happen but they again take tension too, on other side sometime i feel life of my kid, i know my wife basic nature will not change but is there any way out that wife comes back, so atleast i can take care of my kid, but what precautionay measure i need to take care or shakll i go for divorce, but in this case i need to give at any cost some maintenance to my wife & every month i need to travel for dates
Please guide
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 April 2017
Appreciate your courage and compassion ;first confirm whether wife has mental problem;compromise will be the best solution if possible; try to mediate through family members. In divorce u have to pay maintenance for your son and wife; also shelter. If fir is lodged,pl defend. Even cannot be withdrawn then. Take help of lawyer suitably. Most of the cases r in women's favour. Be patient, situations come n go. Handle it judicially. Best wishes
Rajendra K Goyal
(Expert) 14 April 2017
Defend the cases against you. Have services of some expert lawyer.
It seems marriage can not be saved, be prepared for harassment of few years and payment of maintenance.
Possibly would not be costly affair in such conditions at the cost of mental peace.
sourabh
(Querist) 28 April 2017
Further to my above query, i want to know onething
My wife was staying with me & come to know that one of her CA was filing yearly income tax return of my wife, from where the income coming from
is there any rule to know my wife property , bank details & income tax return through RTI
sourabh
(Querist) 26 May 2017
Dear frineds,
With regards to above queries, in my 125 case, my judge has decided to pay 14000 to my wife as interim maintenance.
my salary is 55k, i am staying outside and my expense is almost 45-50k
My wife is already having income sources, from where i dont know but regularly she is filing income tax & regular basis her sbi account money gets deposit, this is all done by her father,
small sister is already divorced, they are only 2 daughters, my in laws & both daughters have lavish house & apart from this they have enormous property which nothing has been revealed in there statement, my wife said that she dont have any property no income sources
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Now judge has given to pay 14k, how should i challenge in same court or should i go in high court to challenge, i want my wife & my in laws to have there income sources, form 16, there property assets, my wife bank statement, & her income tax statement,
As in 498 my wife said that my father paid 50 lacs as dowry, i want to challenge that they dont have this much income from where they given 50 lacs to me, 2 year in 2103 wife smnall sister married, they must have spent almost same amoutn & 2015 they constructed house of aLMOST 1 CRORE, from where is income source, i want income tax to put raid on there house as they have benami property
Please suggest
Guest
(Expert) 26 May 2017
Paying Maintenance to Wife is Husband's Legal Responsibility
Guest
(Expert) 26 May 2017
Honorable Court had Ordered Less than 1/4th of your Income Only
Guest
(Expert) 26 May 2017
You have Pay that
Guest
(Expert) 26 May 2017
The Bombay High Court had ruled that Non Bailable Warrant to be Issued for the Arrest of Man who fails to Pay Maintenance to his Wife
Guest
(Expert) 26 May 2017
The Ruling was delivered by Honorable Justice Roshan Dalvi
Guest
(Expert) 26 May 2017
Better Pay the Maintenance to avoid Arrest formalities
sourabh
(Querist) 26 May 2017
but my wife without no reason staying in her house, i have all the proofs which proves that there is no dowry or domestic violence haapen, & already she is well educated & she has worked in hr dept in hotel too, how can she demand maintenance, i only want to ask can i challenge the same , if yes is it in same court or i have to go to high court
Guest
(Expert) 26 May 2017
Maintenance has to be paid irrespective of any thing
