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jasbir singh (498 a/125 ipc)     10 February 2012

125ipc

hello to all of you expert's   i am also victim of false 498a ,125 ipc i was married on 16-2-2009  i was started  a medical laboratory in my home  also i am studying in the 'D' pharmacy with a hope that i will well set up my lab.with chemist shop  in future  but  did not  got much positive responce from my area  doctors and from neigbours  because one reson is that they all know me from my childhood  the 2nd was  i cant afford  shop on the rent  that time  due to my continue study shudule and i just start work from home  to earn my pocket money   and for revison of learned practical tests in  future hope  but unfortunately  the 498a family  turn  off my bussiness , due to my arrest  , my link  was broken dowan with near 2-4 doctors   after 2 mths  of marriage she planed to spend few days with her parent  and she took all gold articles with cash , shagun without telling me and after 2 weeks denied to come back with me and then they demanding extortion  and said other wise be ready for harrasment and false cases  as they done , now the 498a is on evidence's and i am  sentanced to pay rs 5000/pm and total is 1.80 laks the total sum from the filieng the 125  i have the decree of section 9 HMA  and i  am a regular student of 'D' pharmacy  and i submitted the all my id card , time table of class  my wife 4 years teaching experince cerificate with her PG MA + Bed deree etc  but the judge do not listen  and pass order  for her maintence  ple. tell me how can i take stay on the judge order  , my lawyers said me if you do not give money to her then you will be go behind the bar but my  other 498a victim friend says that do not worry she should file' izraff 'file  after one year  of passing of order do't  pay her sir pl. guide me  how can i cancell  the judge order   i want to complaint to the high court  for the lady judge for taking side of 498a family



Learning

 13 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 February 2012

You have to file criminal revision petition in the Dist., and Sessions court against the order passed by the lower court, but how for it will be successful I don't know because every husband is bound to maintain his wife. Only one thing to avoid paying nmaintenance is to prove that she her self willfully neglected by you.  You have to prove that there is no wilfull neglence by you.

Chaitanya_Lawyer_Mumbai (Lawyer)     10 February 2012

File revision petition in sessions court against order of megistrate with all the proofs of your income & her last income.

jasbir singh (498 a/125 ipc)     10 February 2012

thanks rajoo sir but i did  not show my negligency  to  wedlock  that is also written in my expartee  of section 9   this case was continue from 5-5-09 --5-5-11 the other party did not come in the court even after sending them summons ,muniyaddi etc then i got the expartee order in the sesson court  and my lawyer said that you showed that you want to carry her back and she has left your home and live in her peternal home  without any dispute or resonable cause  and you will get benifit of this sec.9HMA expartee in 125ipc AND there should be no maitence allow to the froud wife  , but in the lower court the tranee female  judge  order to give her such extra burdend amout  1.80 lack without any reading my side replie ,debate ,zirahh,and did not thought of her ground of 125 ipc. she asked to my wife 's lawyer  how much i shuld order to him for paying maintence and then he shows my oldest report of  any test  may be of  sugar  or may  be of hb [haemoglobin] the test cost is only  rs20  in which 50% mean rs 10 is left for me ,in the morning if i do 1-3 test s for filling the petrole in my bike so then  how it is become crime if i do some work and some time patient come after 2,3,4 days   it is not a daily income the fluctation also come and gone   , then my wife side lawyer sugest the maximum  as 5000/pm [without any child] then the judge said this much lower , i am totally depreesd what will hapen with me ,my parent also suffered with me .ple tell me what preacaution i should to take for filing  criminal revison petetion to cancel or to stay the maintence order , thanks

jasbir singh (498 a/125 ipc)     15 February 2012

sir any one from expert ple. tell me if i denie to pay her maintence  then what will  be  next step  by  other side , can judge order for my arrest  at once or  she  have to file izzraff file ,[ what is izzraff   file  or  petetion  ?] my one friend tell me she have to wait for   1 year from the maintence  order date .what is  the actual procedure of this

the 2nd que. is how can i prove her income  i listen from reliable sources that is providing  tution in the home and earn more than 5000/pm

Never Give Up (Fighter)     15 February 2012

Refer to following judgement from mumbai high court,

https://www.498a.org/forum/viewtopic.php?f=16&t=5029

(NO MAINTENANCE TO WIFE IF RCR BY HUSBAND SUCCEED-BOM.H.COURT)

 

jasbir singh (498 a/125 ipc)     16 February 2012

SIR are you telling about my sec. 9 HMA ex partee   is this right  ? thanks  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 February 2012

If she is not working, in CrPC 125, she would definately get maintenance.

 

Not paying maintenance amount would be held against you and sooner or later you would have to pay the same.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

jasbir singh (498 a/125 ipc)     02 March 2012

i dont understand about 125 ipc there are some judgments of the high court showed no mentence if  husband have  RCR expartee on other said the husband is liable to mentain wife either wife is in her parent house without any genune  or resonable cause  how  law  turn's anti to husband  benificial for only ladies.

one side ladies filed 498a another side they showed as lower class humans with difficulty to feed 

sir how can it is stoped  why this should not undergo 420 fraud ?

 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2012

Do you have an RCR in your favor?

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

jasbir singh (498 a/125 ipc)     05 March 2012

yes sir i have the order of expartee of HMA sec 9  and they denied to send her in  matrimonial house  in the lower court  but judge did not listen her minus poit 's and at once without any debate , zirrahh  passed order to pay rs 5000/mth  without any child expenses  , now i want to know  what happen in Revison petition   it can be quashed or dismissed ?   what preacutions should i take for this ,some lawyers says it is depending on the judge  mood  if he is happy on the chair then  he can dismiss the lower court order  or if he is in rage  or judge BP is high then he reject's the revison petiton  how it  is shame full why males are become the'' BALI KA BAKRA '' and females enjoying every minute  by cutting the throat of men ''  . she is PG MA  in HISTORY  +Bed  and earn handsome amount by providind tution's'   and in the court  i did not refuse to live with her   pl. reply thanks  shonee sir

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 March 2012

If the RCR is in your favor and the same has not been challanged, then there is no way she can get maintenance.


Regards,

 
Shonee Kapoor
harassed.by.498a@gmail.com

jasbir singh (498 a/125 ipc)     06 March 2012

thanks  a lot shonee sir  you can better under stand our mentally tourcher condition myself and my parents continue suffer from the 498a party  my all dreams ,expectations were broken by her but i do not lose my confidence to fight that thieves' family  they stolen our all cash ,gold sets with orignal bills etc but due to law favour mostly 99% to women no body listen  and accept this reality  they said  you are accused that time other side when a bride enjoyed full love and affection from husband family and without any medical examination report or witness   verbaly said that i am mentally and physically tourchered by husband and his parent  and demanding dowry  the FIR lauched and arrest order 's are passed after taking presettled bribe to io , sho , DSP now in lower court  the judges also demanding the extortion money   what is the future of a young boys generation . now everybody  has fear what will happen in next day after the marriage of son , any how thanks again sir  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 March 2012

Join the fight against baised laws.

 

Join your area SIFF

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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