Dv & 498
Guest
(Querist) 29 September 2011
This query is : Resolved
Gentlemen
I filed a divorce case against my wife on very strong cruelty and desertion grounds after 2 years of separation period. My Case is in Evidence stage currently.
In order to harass me, so far my wife has filed 2 cases, 1 case for CrPc 125 in women cell claiming interim maintenance and another section 25 again for interim maintenance in the divorce court.
She is working for the past 6 years and earning almost the same as me and is more qualified than me as well.
I have already been paying Rs. 5000 for my child school fees for the past 2 years into my wife's bank account.
I have 2 questions:
1) Since my wife is not interested in giving the divorce and is immensely revengeful in nature, she has already filed 2 maintenance cases as mentioned above which I am sure will be dismissed.
CAN SHE FILE FALSE DV CASE AND MISUSE 498 CASE AGAINST ME AND MY FAMILY EVEN THOUGH WE ARE SEPARATED FOR 2 YEARS NOW?
2) As my wife threatened me that she will never give the divorce under any circumstances, and as per her desires, Can she linger on the Divorce case for years as she has planned....?
Kindly give me the best advise to conclude my case early.
ajay sethi
(Expert) 29 September 2011
1)yes she can file Dv case . she can under DV act claim right of residence ,right of miantenance etc .
2) she can file 498A case . but fact that it is filed after 2 years you cna move courts for antcipatory bail
as far as maintenance is concerned if she is earning well the court will consider said fact while awarding maintenance . in addtion you are already paying Rs 5000/ towards child maintenance . court may not award her anyfurther maintenace
2) a divorce which is contested tends to linger on for umber of years . an amicablre settlement is best option
M.Sheik Mohammed Ali
(Expert) 29 September 2011
if you have any proof to that she is working you proved it before court, you could not pay maintenance to your wife but you must pay to your child.
Guest
(Querist) 29 September 2011
Thank you Mr Ajay Sethi Sir.
A quick question,Do Men have any rights in India?
I feel pity on Men that Women have all the rights to file the false cases and harass men like hell even though they are earning the same as men and even more qualified in my case?
Amicable settlement is not possible in my case since that Bitch is revengeful and is already a millionaire(worth crores of her parents property), she doesnot intend to settle down, she is ruining my life.... and does not want me to settle either.
Sad and pathetic legal system of our Great India, for which so many people laid there lives in freedom struggle, I think we should have been slaves instead, Justice would have been quick....
Sorry but I am extremely frustrated.... and just throwing my hard earned money to the lawyer for the contested divorce case and my lawyer is just encashing on my bad luck.
Guest
(Querist) 29 September 2011
Thank you Sheik Sir, Being a humble person, I have already been paying for my child Rs 5000 per month for the past 2 years,,, But my wife is just harassing me by filing false maintenance cases under 125 and 24... and I am paying unnecessarily to my lawyer for defending my case..
Now I dont know if she files DV and 498, I will be again paying money to my lawyer for defence....
Dont understand Can I use any right in India legally?
ajay sethi
(Expert) 29 September 2011
where are you located? you cna always take asecond opinion from another lawyer.
try to negotiate with your lawyer for fees . fix fees to be charged for dates, hearing etc .
if your wife is worth in crores you may not have to pay any maintenace .
control your self hurling abuses at her wont solve the problem . try to build up a strong case instead
Advocate Rajkumarlaxman
(Expert) 29 September 2011
you can file a dv case against your wife in that case. move agaisnt her and show her cruelty and torture that she is doing to you if you have any rigid and acceptable proof. ou can always move against her. before she files case against you you yourself file against her. supreme court has clear directions in this regard.
Shonee Kapoor
(Expert) 29 September 2011
Get your facts right first.
CrPC 125 can not be filed in Women Cell.
HMA 25 can not be filed till divorce is granted.
Yes, she can file DV and 498a as well, but most of the sting would be lost by now.
Howvever you would need to seek AB if any such case is filed in women cell
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 29 September 2011
125 Cr.P.C. can be not be filled before women cell
It might be s 24 and not s 25 HMA
she can not get claimed maintenance if she has means better or more than you,more particularly if you have proof of paying 5k each month to your child.
About DV and 498a nothing can be said as it is her option.
The complaint about law is a common opinion
shared by all men due to transitional phase in India,women at one hand claiming equality on other hand seeking extra protection through their extra activism getting favor for votes as they are just half of voting community,so any possible unbiased legal atmosphere may take its own time.
As regards to exploitation by lawyer on fees front may be addressed by a change ,where are you located,what is being charged.
