498a and u/s 125
Avijit
(Querist) 01 November 2012
This query is : Resolved
I got married on 12th August 2012 in West Bengal (WB). Please note that I am not demanding or taking any gift (Except gold Ring, Gold chain & Gold Bracelet at that time of marriage they have given) or any amount in terms of dowry because I am totally against of Dowry. I am from Murshidabad Westbengal and my wife is from same town in West Bengal (WB). My place of work (I have completed my M.Tech in Electrical Engineering from Jadavpur University, Kolkata’2007 & I am a private servant) is Goa at Panaji in GOA Electricity Department. Hence after marriage we have been staying in Murshidabad from 13th August 2012 to 19th August 2012 upto 10 PM. After that I have start the return journey to GOA (working Place). But my wife is staying in my own house at Murshidabad upto 31st August 2012 upto 7 PM. She wants to go her parental house on 31st August 2012. After 1 day on 2nd Sep 2012 at 8.30 am she came to my house with her parents and took all cloths and all jewelry (Including her all jewelry and my Gold Ring, Gold chain & Gold Bracelet at that time of marriage they had given) without informing us they left my house within a few minutes. On very next day 3rd September 2012 my parents went to their house to find out the problem or why these types of behavior they did, but unfortunately she, her parents and her cousin brother is wrongly behaved with my parents, insulted my parents and alleged me and my parents of behaving rudely with her. She and her parents are demanded my parents house (Murshidabad) in the name of my wife and they want divorced. Otherwise they will put 498A in me and my family member name. When I said that all of this was wrong, false, they stopped speaking to me. At that time I was in Goa and I have taken one rented separate house for my family. According to our discussion before marriage with her family we will settle at my working place on 11th September 2012. According to that plan I was purchased my mother, father and wife 3AC tickets. But on 11th September 2012 she was denied to return at GOA. So only my mother and father have come to GOA. Then I and my wife have discussed over phone a lot, she said sorry to me and my parents for their insulting behavior and she promised me to return in GOA rented house only with me after durgapuja on 25th October 2012. According to our discussion 20th October 2012 at durgapuja I was in my house on leave and I have tried a lot to return her in my house at Goa on 25th October 2012 with 3AC Confirm ticket but again I failed to return her. Also we do not have any child because till now she is not interested with sleep and only first 5 days after marriage we stayed together under one roof. From 2nd September 2012 she is staying with her parents till now. Please note that I was 33 yrs. and she was 29 yrs. old at the time of marriage, i.e. in 12th August 2012. She promised me to return on 25th October 2012, when she didn't return then I contacted her over phone. Surprisingly, she started accusing me of mentally torturing her and said that she would not return with me. Then next day she and her parents said that she wants divorce provided we have to give our own house in her name otherwise she will put 498A in me and my family member name. (The reasons again are false allegations because we got married on 12th August 2012). I returned to Goa alone on 25th October 2012 and have been staying here alone since 19th August 2012. After that whenever I have tried to contact her/her parents, they initially used to switch off the phone. On 26th October her father call to my father that they want divorce and gave their lawyer's name to speak to him. When we contacted their lawyer, he is asking us we have to give our own house in her name at Murshidabad before filing of the divorce. We have made it clear that since she has left her marital home without any valid reason and without any information, we will never pay her any money or any property. Then their lawyer threatened us 498 A with filing a suit for maintenance. But he has not done it so far. He has even said directly that they may file a 498 A case. At that time I was in westbengal on 20th October 2012 I got few document against her that she had already married on 10th February 2007 through marriage registration with another person then I have asked her why you had suppressed all the information before our marriage according to her that is a forcefully marriage even they have put a IPC 420 against her 1st husband, but unfortunately he died on 2008 and my wife parents withdrawn that case from lower court. According to them that was not a marriage, but I got her 1st Marriage registration certificate held on 10th February 2007. When we are asking for her 1st husband death certificate, according to them they don’t have such documents. I am staying alone in Goa, Panaji and life is depressing for me. Please suggest me. My E-mail ID : avijit_ee@rediffmail.com
Avijit
(Querist) 01 November 2012
Please reply anybody....
R.K Nanda
(Expert) 01 November 2012
contact local lawyer.
ajay sethi
(Expert) 01 November 2012
be brief and to the point . learn to summarise your case in brief .
dont bow down to pressure let them file 498A case . she cnanot demand your parents house . it is your parents own property and they can dispose it as they desire .
it appears that your wife has surpressed the fact that she was married earlier and that her husband had died in 2008 . since her husband had died earlier there was no bar to her marriage with you . hwoever she ought to have disclosed the fact that she was amrried earlier and this was her second marriage .
gather all evidences in your favour . contact a local lawyer .
Avijit
(Querist) 02 November 2012
Thanks a lot for your quick response.
I have few question regarding same matter:
1. Can she file 498A with out demanding dowry or physical torture (Only 5 days we stay together after marriage)?
2. If she will file 498A then my job will hamper or not?
3. In our marriage registration Application she mentioned unmarried, is not a criminal offence? Can I file any IPC against her?
4. She does not have her 1st husband death or burn certificate, so before our marriage i.e, 12th Aug'12 she was legally married/divorce/widow.?
Please suggest me sir.
5. If she will file u/s 125, How much I have to pay per month to her? (As per my salary or else)
Nadeem Qureshi
(Expert) 02 November 2012
Dear querist
I agree with Mr. Sethi
You should contact a lawyer in your area
ajay sethi
(Expert) 02 November 2012
1) in most cases flase allegations are made in order to come within perview of 498 A
2) dont file any IPC case against her and further worsen the matter
3) she is a widow as her husband died in 2008 and you were married in 2012 .
4)under section 125 CR Pc you would be liable to pay maintenance if she is unable to maintain herself
Avijit
(Querist) 02 November 2012
How much I have to pay per month to her? (As per my salary or else)..
What would be a max amount per month?
please note: she is staying at Murshidabad(WB)with her parents having own house and cloth center(business-Ground Floor). She has passed 10th Standard not working woman.
Please suggest sir...
ajay sethi
(Expert) 02 November 2012
you have not mentioned how much you earn in a month ? if she is not working you have to maintain her .you have also not mentioned what is her claim ?
the court will pass an order after considering your income .
Avijit
(Querist) 02 November 2012
75 K Per month as per CTC...after few deduction (10 % variable and 5K TDS, PF) in my hand approx 60 K. My mother & father are depends on me and may be in future I will marry.
She is not working woman..but her father having one ready-made cloth center and she is the 2nd daughter of her parent...1st daughter got married and no brother.
Till now she is not claim anything..
Can you please tell me what would be the max. amount per month I have to pay...?
There is any way to reduce the ammount pm?
ajay sethi
(Expert) 02 November 2012
around rs 20,000 per month .
V R SHROFF
(Expert) 02 November 2012
1/3 of your nett income
Sudhir Kumar, Advocate
(Expert) 02 November 2012
please refer to dfinitin of dowry; Section 2 of The Dowry Prohibition Act, 1961, refers, as under :-
In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly.
(a) By one party to a marriage to the other party to the marriage, or (b) By the parent of either party to a marriage or by any other person, , to either party to the marriage or to any other person,
at or before 1[or any time after the marriage] 2[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
so as you said that she is demanding parental house as a consideration for continuation of marriage. Sher is criminally libale under this act.
Raj Kumar Makkad
(Expert) 02 November 2012
I completely agree with the detailed advice of Sudhir.
Avijit
(Querist) 03 November 2012
There is any way to escape from u/s 125...because she had a marriage on 10th Feb 2007. Now her 1st husband died on 2008 in an accident. May be they have made it. At that time of our marriage she is suppressed all the information. At that time of our marriage on 12th Aug 2012 I was unmarried. Please note that we have stayed together only 5 days from 14th-18th Aug 2012 after our marriage, even she was not allowed for 1st night till now. According to her and her parents statement they are very greedy and may be this is the way earning of her family. This is a pure arranged marriage with out dowry.
I am a man is that my fault according to law?
There is no way to punish this type of woman?
Please suggest me sir...I am very much depressed.
ajay sethi
(Expert) 03 November 2012
if the marriage has not beeen consummated you ouht to apply for anuulment of marriage
Avijit
(Querist) 03 November 2012
Ajay Sir, Can you please tell me in details.....
Devajyoti Barman
(Expert) 04 November 2012
Act on the advice above. It is made in details.
Avijit
(Querist) 04 November 2012
There is any way to escape from u/s 125...because she had a marriage on 10th Feb 2007. Now her 1st husband died on 2008 in an accident. May be they have made it. At that time of our marriage she is suppressed all the information. At that time of our marriage on 12th Aug 2012 I was unmarried. Please note that we have stayed together only 5 days from 14th-18th Aug 2012 after our marriage, even she was not allowed for 1st night till now. According to her and her parents statement they are very greedy and may be this is the way earning of her family. This is a pure arranged marriage with out dowry.
I am a man is that my fault according to law?
There is no way to punish this type of woman?
Please suggest me sir...I am very much depressed.
Can you please tell me in details solution....
ajay sethi
(Expert) 04 November 2012
you are earning Rs 75,000 a month . you cna easily afford legal fees . why dont you consualt a local lawyer . pay hjhis fees .
