Compensation to wife
satyam
(Querist) 05 March 2010
This query is : Resolved
Wife left my home without intimation for 8 months to her parents home. She lodged false case of harassment and submitted inflated list of items. Demanding her stridhan items & compensation in support of CAW Cell from me. She is drawing pay more than me & educated more than me. My queries are as follows :
1. Is she eligible for compensation through Cell or filing case for the same ? What reply should I offer in this regard as she wants compensation immediate from me otherwise threatening of case of false charges against me & my family members ?
2. Since her actual stridhan items are under process to hand over, what stand should I take on the furniture items of the nature of joint & common use re garding giving or not giving to her at a time when she is saying nothing on her return to my home, or Mutual divorce. If she makes OK on mutual divorce, I have no problems to return her items Please advice for the steps I should take and tell what may she intend.
My third query is on what ground an order of arrest may be issued against me & my family members when I have returned her stridhan items given actual by her parents and I am not involved in domestic violence wih her in fact, but she is giving inflated list of items and charging of false domestic violence. Is under domestic violence man may be arrested immediate without any warrant on FIR
satyam
(Querist) 05 March 2010
Raj Kumar Makkad
(Expert) 05 March 2010
1. Compensation against which? She is not entitled to claim maintenance from you in the given facts.
2. You should return each and every item in your possession and should not insist to retain any item.
3. You can be arrested under section 498A.
Adv ramesh chheda
(Expert) 06 March 2010
in relation to u r first question there are contradictory jud of high courts. As recently one hcourt has passed a jug where in it has said that under dv act there is no provision to find out whether wife is having her income . she is simply entitle to get main from husband . now in such a case, if u wish to cause trouble to her than file maint application under sec 24 of hindu marr act as she is earning more than u . attending court and facing court will be real trouble fr her.
about next question better opt for anticipatory before police personnel taken adv of situation . As matter will be before the court , u can come on proper settlement with u wife.
complaint against u by u r wife fr causing of cruelty and not ret of streedhan are sufficient ground for police to cause fear in mind and to grab money from u
so go for anticipatory
in case if u wish to have any further information on this then u man please call me on 9870112826
Adv ramesh chheda
(Expert) 06 March 2010
let me tell u further that under dv act there is no provision for arrest but police will register complaint u/s. 498-A or 406 under IPC where u can be arrested
