Aplicability of 498a & 406
venkat
(Querist) 19 December 2012
This query is : Resolved
Respected Members,
My Wife and me are living seperatly for past 13 moths. Mediations have failed as i refused to re-union due to past experiances.Actually this is the third time. she says husband is good, inlaws are good..but when confronted with, why you are doing this type of things repeatedly, she has no answer. Now i am planning to file the divorce.. My queries are :
1. How to prove that we are leiving seperately for past 13 months.
2. if she file 498A, how strong will be the case,as she has deserted me 13 months back.( Literally there are no proofs.. as i had not done any thing.)
3. Against whom she can file 406 ( recovery of streedhan) act. only against me or against me, my father and mother.
me and my family had lost mental peace, as for mediations power political people are involved. And i fear if i agree this time, they are going to kill me not by body but by soul.
PLease guide me in this regard.
ajay sethi
(Expert) 19 December 2012
in your divorce pettion mention that you have been lviing separately for 13 months . you must be having record of mediation proceedings or report of mediator . it must have mentioned facts of your case .
498A case it depends upon averments made in the complaint . she has to prove those allegations . she cna file it aginst you and your family members . contact a local lawyer
venkat
(Querist) 19 December 2012
Thanks for the reply, will same be applied to 406 section also.
Devajyoti Barman
(Expert) 19 December 2012
1. Not necessary to prove for your divorce suit.
2. The case would be lodged which is sufficient to give you the initial jolt. The case however meritorious fails anyway.
3. You and your family members.
venkat
(Querist) 19 December 2012
Thanks for the needfull guidence..
ajay sethi
(Expert) 19 December 2012
thanks for your appreciation
Raj Kumar Makkad
(Expert) 19 December 2012
I have no other option but to endorse the views of the experts.
venkat
(Querist) 21 December 2012
Is there any measures to counter vauge statements like :
1. we have given 600 gms gold from collecting money from our relatives
2. we have given dowry of Rs 5.00 lac from pooling aomunts from freinds and relatives
Are these statements should be supported by solid proofs by bank account statements ,bills etc. or just any persons statements or affidivates.
Because now a days people can do like back dated promissory notes, duplictae bills etc.
please guide in this matter, it will help many of the members who are facing my situation.
ajay sethi
(Expert) 21 December 2012
she has to prove statements by documentary evidence . you can cross examine her on those statements made in affidavit
Raj Kumar Makkad
(Expert) 21 December 2012
1. Ask the source and income of such jewellery with the name and bill of goldsmith.
2. Ask the names and addresses of those friends and relatives and then call those persons as witnesses and call for their returns.
Such statements should be got confronted and a criminal case under section 340 of Criminal procedure Code should be got lodged against them.
