Query on 498a divorced
Bhaskar
(Querist) 13 January 2014
This query is : Resolved
My wife has filed 498a case against me and my family. FIR has been registered on 11/11/2009 in my working place after 11 months from leave my house. We all are on bail. We have missed two dates to attend before the court due to insufficient information. The condition of my bail is giving 1000/- to her and i pay regularly. Now the file is missing from court last two years. I have already put off a application for next date. But could not get any response.
She again has been submitted a maintenance case in his parental town. This case has been going to his own way and I regularly present there. Initially court has ordered to give her 1200/- per month.
Now, she put a divorce case and demanding 6,00,000/- but I could not get any summon.
The details of me and Cases given below:-
Date of Marriage :- 26/06/2008
Date of Leave my house :- 02/02/2009
Date of FIR (498A) :- 11/11/2009
Date of taken her articles :- 14/12/2009
Year of Maintenance Case :- 2010
Year of Divorce Case :- 2012
My monthly salary by company voucher :- 5000/-
Amt Demand in Divorce file :- 6,00,000/-
Now my questions are :-
1) what will be my course of action against the case of 498A. The file is missing from court ?
2) What will be the maintenance cost per month on my salary ? The salary voucher, Salary certificate which given by co., Income Tax ITR are already submitted in court against the maintenance case. All the papers shows that my salary is Rs. 5000/- only.
3)How much amount I have to pay against divorce? She is demanding 6 lacs but my annual income is sixty thousand.
Please help me and what i have to do for my safe life ?
ajay sethi
(Expert) 13 January 2014
your wife will come to a settlement if there is no result in 498A case . she would get frustrated by delays in court
if your salary is Rs 5000 per month the court may award her around Rs 1500
your wife may demand the moon but court is not going to grant it .
Rajendra K Goyal
(Expert) 13 January 2014
Let the cases be decided on merit, Agree with the expert ajay sethi ji. Court can not grant any amount merely on her demand without justifying it.
Devajyoti Barman
(Expert) 13 January 2014
1. Lodge complaint with registrar of the court.
2. Do not worry maintenance would not be increased.
3.Should not be more than Rs,50,000/-.
Bhaskar
(Querist) 21 January 2014
Thank u everybody for your valuable reply.
I have another question that is my father's property will calculate as mine in the time of judgement for divorce or maintenance case ?
Rajendra K Goyal
(Expert) 21 January 2014
In maintenance case only your income would be considered and not of your father.
ajay sethi
(Expert) 21 January 2014
no your father property will not be counted at time of judgement
Bhaskar
(Querist) 30 January 2014
Will my father income and property consider as mine in the Divorce case ?
ajay sethi
(Expert) 30 January 2014
no it wont be considered . only your income would be considered not your fathers
Bhaskar
(Querist) 30 January 2014
Thank u Ajay ji.......
I missed first two dates of hearing in 498A case...... then no dates has found from court...... the file is missing..... what i have to do ?
ajay sethi
(Expert) 30 January 2014
find out last date from court records . in daily board of said date next date would be mentioned .you must have engaged a lawyer . he will search court records and inform you
Bhaskar
(Querist) 30 January 2014
no dates is mentioned in the daily board or court record. I have already engaged a very good lawyer but he also could not anything for next date and find out the missing file.
Devajyoti Barman
(Expert) 30 January 2014
If the file is missing then ask your lawyer to lodge a complaint with Registrar of Court so proper measures to locate the file can be initiated.
Rajendra K Goyal
(Expert) 30 January 2014
Ask your lawyer to find out the next date of hearing and request the registrar of courts to get the file searched.
