Help in 125crpc
Querist :
Anonymous
(Querist) 01 May 2022
This query is : Open
Wife isn't working, No child.
Wife files 498a/306/34 and 125 crpc simultaneously
I filed for divorce and got decree
Divorce decree was granted in my favour on the grounds of cruelty u/s 13 (1) (i-a)
similar observations were made by the Judge there was a hand written evidence- an apology letter by wife which mentioned that she will not commit any mistake (lie, willful desertion etc), in future so as to she wanted to join matrimonial home.
I contested both 498a and 125crpc
We all in the family were aquitted in u/s 498a /406/34 IPC.
Brief observations by Honorable court in 498a & Grounds for acquittal given by court were.
1. No demand towards dowry before/in/about the time of marriage has come on record.
2. It is proven that she left her matrimonial home without any cause and what to say about any demand of any kind of harrassment met to her, ignoring the fact that accused no1 had been pleading her intensely to talk and inform him if she had any grievances at her matrimonial home and not to leave the same.
3.Thus in view of recorded conversation which consists of the constant facts stated by the complainant contradicting her deposition before this court and also approach towards truth it is held that her deposition regarding demand of dowry and beatings and maltreatment are not trustworthy and the allegations as made by complainant are held as disapproved.
4.In present case after going through the evidence collectively and more specifically the recorded conversation complainant is not found as truthful witness.
5. Chronology of the events also shows that the complainant did not celebrate even a single festival at her matrimonial home. The evidence produced only shows that complainant had been maintaining herself most of the time at her mother's place and she had left her matrimonial house even last time without any cause.
6.The intention of the complainant to join the company of her husband at her matrimonial house also does not justify her act of making false accusations against the accused or his family members. In the present case the complainant allowed the web of falsehood to be woven against her husband and she herself assisted the same. Therefore the complainant cannot take plea of her intention to achieve the objective of saving matrimony in order to be untruthful and untrustworthy. Not only this , law does not recognise putting false accusations as lawful excuse.
I am still ordered to pay double amount what i was paying as interim maintenance, I am contesting thsi with revision petition in HC ( pending)
my query is how can i use these judgements in my favour in 125 crpc or can I file counter cases to stop their demand.
Dr J C Vashista
(Expert) 02 May 2022
Before proceeding to form proper opinion you are required to clarify whether wife filed case under section 498A; 306; 34 IPC and 125 CrPC as stated by you,
OR
Under section 498A; 406; 34 IPC and 125 CrPC wherein you all in the family are stated to have been acquitted,
which one of the two is correct statement as section 306 and 406 are totally different provision ?????
Querist :
Anonymous
(Querist) 04 May 2022
my wife filed a complain in women cell herself after 10 months of leaving her matrimonial home thus 498a 406 and 34 came into picture, I was sent to PC 2 days and JC for 2 days,
same time she filed for 125 crpc separately in a different court, court ordered to pay 10k in 125crpc,
thereafter 2 years of litigation I filed for Divorce and got a decree in 3 years time based on her handwritten apology letter she wrote during her stay with me in matrimonial home.
she filed for maintenance also in hma24 she was given 3k as maintenance, she challenged this order in hc which was enhanced as 15k till final outcome of hma is done. i stopped paying 15k after decree.
Acquittal was given in 498a,406,34 after 14 years of litigation as submitted electronic evidence of her conversation with me after separation where in she accepted that dowry case was false just to pressurize for her demands of leaving old age mother and brother live separately with her.
I want to file a case w.r.t false litigation 420 perjury etc.
Querist :
Anonymous
(Querist) 04 May 2022
my wife filed a complain in women cell herself after 10 months of leaving her matrimonial home thus 498a 406 and 34 came into picture, I was sent to PC 2 days and JC for 2 days, same time she filed for 125 crpc separately in a different court, court ordered to pay 10k in 125crpc, thereafter 2 years of litigation I filed for Divorce and got a decree in 3 years time based on her handwritten apology letter she wrote during her stay with me in matrimonial home. she filed for maintenance also in hma24 she was given 3k as maintenance, she challenged this order in hc which was enhanced as 15k till final outcome of hma is done. i stopped paying 15k after decree. Acquittal was given in 498a,406,34 after 14 years of litigation as submitted electronic evidence of her conversation with me after separation where in she accepted that dowry case was false just to pressurize for her demands of leaving old age mother and brother live separately with her. I want to file a case w.r.t false litigation 420 perjury etc.
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