Rcr, 498a, dv and crpc 125
aman rajput
(Querist) 28 January 2013
This query is : Resolved
Sir my wife left me with my daughter in Sep. 2010 after that I filed RCR in December 2010 for which we both were order for mediation but she didn't turn up for any date in the mediation and further she filed false complaint against me in CAW Cell in August 2011 in return of which I also filed Custody Case for my daughter in Sep.2011 and further the CAW Cell Complaint gots converted into the FIR against me under Sec.498A in March 2012. Recently she had also filed DV with CRPC 125 aginst me for which the first date of hearing was on Januray 2013.
Sir now my question is earlier my wife was doing her own business jointly with her father and for which she had also filed ITR for the assesment year 2010-11. After that she stopped filing ITR and shown currently herself as unemployed in the DV with CRPC 125 petition..... 1.Will she get the order of maintaineance and compensation under DV with CRPC125 from me...??? ........and Seconadly viewing the abovesaid calenderic details of filing the cases against each other do you think there is much strength left in her case as she has filed 498 A and other cases after a long time of leaving me which obviously seems to be fabricated .........????????????
V R SHROFF
(Expert) 28 January 2013
U point out her income . If she suddenly left business to get mtn, it will be considered.
498A limitation is 3 yrs, so she is well within that period to file. U can raise defense , that it is after thought.
R.K Nanda
(Expert) 28 January 2013
no more to add.
Kamal Grover
(Expert) 29 January 2013
First of all you should follow your RCR coz if you can prove that she left you with her own will and you want her back then she cannot claim maintenance, further her income tax will also in your favor.
Further delay of FIR is also important part, so engage any expert advocate of your locality and he can save you very well. You have a good case.
Good Luck.
Regards
adv.kamal.grover@gmail.com
