False 498a, dv and 125 crpc
Akash
(Querist) 10 January 2015
This query is : Resolved
Dear Experts,
I require your help and kind suggestions on this matter. I was married only for 4 months and wife left my house on April 2014 with her parents and had taken all her items with her. I tried my best to call her back even by sending her emails and money to book her flight tickets to come back. But her father pressurized me to abandon my mother who is ill and also above 65 years of age. Hence I decided to go for divorce. I filed for a divorce and when she received the notice from the court she filed for a false 498a and DV case against me and my mother. We both got our AB from High Court and DV case is on going. In DV case she quoted that I was earning twice the salary which I actually do and asked for 25,000 Rs as monthly maintenance. There was a mediation ordered by the High Court during my bail application where the mediator wanted me to settle the matter by paying her some amount which I refused. During mediation I presented my salary certificate where my salary was shown and the mediator wrote a report to the court based on the same. Its been over 6 months that no interim maintenance was ordered. Now they have filed another case of 125 Crpc on me asking for 35,000 Rs as monthly maintenance and also quoted that I was again getting twice the salary which I actually get. In all three cases allegations were just copied and pasted to another. Now my questions are
A) Can two maintenance case run simultaneously?
B) Can I point out that she is asking for different amounts in different cases? As in DV she has asked for 25,000 Rs where an interim application was submitted for 20,000 Rs and now in 125 CrPc 35,000 Rs.
C) She is well qualified and B Tech graduate and have more than two years of experience and was drawing salary over 30,000 Rs before marriage. Now just in order to get maintenance from me she is not applying for any job.
D) For example if I draw a salary of Rs 60,000 PM and have Rs 10,000 PM as loan and also my mother is dependent on me. I stay in a rented house and don't have any assets in my name how much maintenance she can get.
E) I have her educational and salary proofs, also have evidences that she left me without any reason and refused to come back even though when I sent her money to book the tickets will this help.
F) She does not have any proof to support her allegations where as I have all the proofs to prove that in spite of knowing the facts she submitted a false affidavit in the court. For example my salary was shown during the mediation but in 125 CRPC she did not submit the same.
G) Also she suppressed the fact that there was a divorce case filed my me. What should be my strategy? I am not willing to pay her and close the cases as I am innocent I want to fight it and not run away from it.
Devajyoti Barman
(Expert) 10 January 2015
a. Yes, very much.
b.yes but not of much help.
c.you can take this plea to strike balance between her right and your liability.
d. not less than rs.15,000/-.
e. not of much help in interim maintenance hearing.
f. then file 340 crpc petition.
g.fight the case on merit and contest on quantum of maintenance.
Akash
(Querist) 10 January 2015
Thank you sir for your suggestions.
1. Now does that mean even if she left me without any reason I have to pay?
2. What if she is more qualified then me and she has the capacity to earn more than me?
Devajyoti Barman
(Expert) 11 January 2015
1.YES
2.CAPACITY TO EARN IS HARDLY RECOGNISED IN INDIAN COURT UNLESS AND UNTIL HER ACTUAL EMPLOYMENT IS ESTABLISHED IN COURT.
Rajendra K Goyal
(Expert) 11 January 2015
Agree with the expert Devajyoti Barman.
ajay sethi
(Expert) 11 January 2015
your wife wont get Rs 35000 as maintenance but court may award around Rs 15,000 a month as maintenance as your wife is not working
malipeddi jaggarao
(Expert) 12 January 2015
Simply to sum-up, you have to go through all these ordeals, fight out on merits. But there will be some damage to you, which you cannot escape, as you married a girl unfit to live with you. Take care of your mother.
Dr J C Vashista
(Expert) 12 January 2015
Is it a query or story?
Contact and consult your lawyer.
T. Kalaiselvan, Advocate 
(Expert) 15 January 2015
Besides experts advises, it is better to follow up the matter closely through your advocate so that you are not misguided.
