Section 498a & maintainance
Akash
(Querist) 16 August 2014
This query is : Resolved
Hi Everyone,
This is my story. I married in Feb 2013 in Ludhiana. After marriage we came to hyderabad as I work there,my home is their.My wife left home ( Hyd) in Oct 2013.She filed a 498A complaint in Women Cell, Ludhiana on 5 March 2013 against me and my parents. I attended 3 out of 5 dates till 26 May 2014.
In Women Cell proceedings , I said i want to bring her back. On 20th June 2014 ( case was filed) , I applied for RCR. On 20th July 2014, I received 41A notification informing about 498A, 406 FIR dated 8th July 2014 against my parents and myself , and return of Stridhan to appear before police on 28th July 2014.My RCR was delivered after they had filed FIR.
My questions:
a) Can anyone suggest me a good lawyer in Chandigarh as I am anticipating a Maintainance/Interim Maintainanace Case under CrPc 125 in Ludhiana.My first appeal will be in Ludhiana where I have a Lawyer.But I don't know in Chandigarh at Punjab and Haryana High Court.Under what conditions CrPC 125 becomes applicable ?What points can i mention to challenge CrPC 125. Can she claim maintainance under HMA 24 and HMA 25 , But I think she will have to come here in Hyderabad if wants to claim maintainance under Sec 24/25.
b) Also, I need a good SC lawyer in Delhi as I want to apply transfer petition on jurisdiction ground.
c) My parents got Anti bail. My hearing is on 20Aug 2014 for Interim Bail.What if I don't get Interim Bail. I am planning to go Punjab & Haryana HC , if I don't get bail in Ludhiana District Court.
Please advise at earliest.
ajay sethi
(Expert) 17 August 2014
you can contact MR Ashish Davesar . he practises in Chandigarh . his contact details can be found from this site . search in LCI data base
ajay sethi
(Expert) 17 August 2014
for SC you can contact Mr RK nanda from LCI . he practises in SC .
Rajendra K Goyal
(Expert) 17 August 2014
There are no. of good lawyers in Chandigarh. You can find from list of High Court bar council or by visit. Your Ludhiana lawyer would also suggest.
Similarly you can search for Supreme Court lawyer.
R.K Nanda
(Expert) 19 August 2014
contact senior supreme court lawyer.
Akash
(Querist) 20 August 2014
Ajay Sir,Rajender Sir and Nanda Sir...Thank You for your help.Could you please also answer this question : What points can i mention to challenge/reduce the amount in CrPC 125? If I am able to prove that she deserted me and filed a false FIR , can court grant less maintainance/no maintainance ?
Please advise.
Shonee Kapoor
(Expert) 21 August 2014
Akash,
Interim maintenance would be decided purely on prima-facie basis; your income, her income, your qualification, her qualification, her previous work experience if any.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
T. Kalaiselvan, Advocate
(Expert) 22 August 2014
You have been properly advised by experts, for further clarifications, you should consult your lawyer who will be able to guide you as per the prevailing situations.
