498a

CH. HANS RAJ (Querist) 06 April 2013 This query is : Resolved
I HAVE NO CONTACTS WITH MY WIFE WHO IS STAFF NURSE IN A GOVT.HOSPITAL, FOR THE LAST 18 MONTHS. I MARRIED HER IN 1997. I AM AN UN EMPLOYEE AND SHE NEVER LOOKED AFTER ME. NOW SHE FILED A DOWRY HARASSMENT CASE IN MAHILA POLICE STATION ON ME AND MY OLD MOTHER, TWO SISTERS. SHE SAYS THAT SHE DON"T NEED ANY MONEY BUT FOR SON SHE DEMANDS 1 CRORE WHERE I HAVE ONLY 4 LAKS AFTER SELLING MY FATHER'S PROPERTY I HAVE TO LIVE WITH THE INTEREST OF THIS AMOUNT.

I WANT TO KNOW HOW THIS ACT CAN BE APPLIED TO ME AS I AND MY FAMILY MEMBERS HAS NO CONTACTS FOR MORE THAN 18 MONTHS.

PLEASE GUIDE ME.

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Raj Kumar Makkad (Expert) 06 April 2013
You file a petition under section 125 Criminal procedure code against her for your maintenance as she is govt. job whereas you are unemployed. You should move a simple application before local CJM to provide you legal help which shall include free of cost lawyer and all litigation expenses on the basis of your economic condition.

You should not mention about the sale proceeds of the sold house of your father as that should belong to your mother.

You can represent before the concerned police about your status and the false allegations from your wife.

Devajyoti Barman (Expert) 07 April 2013
Do not succumb to any pressure. Stick to your stand. She can get maintenance only as per your income.
For your son you can file case for his custody and visitation.

Nadeem Qureshi (Expert) 07 April 2013
Sorry to say but section 125 of Cr.PC can not be applicable in this matter, husband have no right to get maintenace from wife in Section 125 of Cr.Pc.
online section 24 of HMA is related to maintenance regarding husband too.

Guest (Expert) 07 April 2013
I endorse the views of Shri Nadeem Qureshi, as sec.125 provides for maintenance for wives, children and parents only, not for husbands.

Raj Kumar Makkad (Expert) 07 April 2013
I do withdraw my comments qua the entitlement under section 125 Criminal procedure code for husband, Actually the word under section 24 HMA was in mind but erroneously it was written under section 125. Anyway, thanks to Nadeem and Ld. Dhingra ji for making him realized this error.

Guest (Expert) 07 April 2013
You are welcome Makkad ji.

Adv. Chandrasekhar (Expert) 07 April 2013
keeping away from the complainant by the accused for the last 18 months do not preclude them from the rigours of S.498-A. If the accused are innocent of subjecting the wife to harass for dowry or mental harassment, after trial, they can be absolved. Maintenance amount to the wife may be denied if wife is earning handsomely more than husband, but the husband has to pay some amount quantified by the court for the child,as both parents have got the responsibility to maintain the child.