498a charge sheet and dv case
Ajay Sharma
(Querist) 16 January 2014
This query is : Resolved
Hello
My Bhabhi put 498a case on my parents and my elder brother one year back both are software engineer but after filing of DV case she left the job and demanded 15 lakh Rs and 20,000 maintenance per month.
My question is
1. Is it positive or negative for us that the charge sheet is still not made?
2. How much maintenance could court award to her in worst situation?
3. In DV case out 5 times (Date) she appeared only one time and from last three time she is not coming , is it a strategy or they scared after filing false cases.
4.Is there is possibility that my and my wife name could be included in the charge sheet why I am asking this becaz she mentioned in the FIR that I support by brother for bringing additional dowry and my wife is arrogant and always fight with her (all is bull s….)
Please answer it will be great help to me
ajay sethi
(Expert) 16 January 2014
if she is highly qualified software engineer and earning in past she may not get maintenance . the fact that she left her job wont help her at all .
if wife is dragging Dv case draw attention of court to fact that both she and her lawyer have remained absent on number of dates
Rajendra K Goyal
(Expert) 16 January 2014
1. Police takes its time to file charge sheet.
2. She is well qualified and if you are able to prove that she left her job just for the maintenance, it would be positive for your case. Maintenance would be decided on merits may go to the tune of 1/3 of the pay of your brother.
3. This may be strategy, draw the attention of the court.
4. Without going through the case file nothing can be said as charge sheet has not been filed. You should be prepared to take bail in case of need.
Ajay Sharma
(Querist) 17 January 2014
Hi Sir
I have one more query I am a government servant in case my name also included in Chargesheet, In that case i think the higher authority will terminate my service, is there is any way to save my job? I have a small duagter of just 4 mnth and I really Don't know how to deal in the situation.
My and my wife never interfere in there matter and what we can do if two person have ego and understanding problem, why entire family name got in FIR, So many Question in my mind I never ever felt so helpless in my entire life.
It's my humble request to entire Lawer Fraternity to do something for such biased law.
ajay sethi
(Expert) 17 January 2014
law s it stands can only be amended by parliament . you can move Hc for quashing if you so desire .
