340 crpc and 91

Thank you Sainath sir

My lawyer says that she cannot file 498a as barred by limitation as she is living seperately from me since 8 years. Also it is interim relief not an order that has been passed.

There is no limitation for filing 498A,as long as U R husband and wife she is at liberty to file any time before the divorce is granted.

 

GO THROUGH 498A:
498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. 

Explanation 

For the purpose of this section, “cruelty” means— 

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or 

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand 

So the very first thing that is required for making a criminal complaint under this provision is that it should be against the husband or relative of husbands. 

After obtaining divorce from the husband, he does not remain your husband and so if you make complaint against him after obtaining divorce from him, this issue will go against you. 
Now here you may say that the act of cruelty you complain is with regard to period during which your marriage was alive and he was your husband, but the act of cruelty (physical or mental) should be serious enough, for that you should have medical evidence with you of the period when that was inflicted on you. 

If the act of cruelty based on money demand as dowry from you, than it should be such that it was with regard to marriage at initial stage of marriage to cover it as dowry demand by him, if there were usual money transactions between both parties as it happens in between husband and wife than that will not amount to money fo dowry demand amounting to offence of cruelty under this provision. 
More so you need to have reliable witnesses other than yourself to show his act of cruelty against you, these witnesses have to appear in court and go through both examination in chief as well cross examination which is not easy thing, even if the ex-parte divorce proceeding is going against your husband, your statement in chief is being taken in the court proceedings and no cross examination being done by the husband or his counsel, you do not realise the gravity of this court proceedings,lot of trouble is created by opposite counsel in cross examination for the witnesses and make the witness nervous for extracting truth from him/her. 

Always remember that court proceedings in India is never "hung ki dori" it is serious business not to be taken lightly. 

Lastly the complaint under section 498A IPC is a state matter where all investigations and inquiries are conducted by the state police, and if the NRI husband is not available in India, with whom this process will the police carry forward to arrest and submit the charge sheet against him in the court, even if you file private complaint directly in court the court will ask you to disclose his where about, now for divorce proceedings he is unapproachable, and for criminal proceedings he is not a fool to come forward and surrender himself, unless he is unaware of these proceedings being started against him in India. 

The Look Out Circular against such accused can be issued by the Police, however this circular has one year validity, more so this LOC is published at various International Airports in India and accused persons can avoid coming to India during one year period during which LOC is valid against them after this get expired they can enter India and avoid both Police as well Court to prevent being arrested for the offences against them.

 

I guess my lawyer is misguiding me..he assured me nothing is going to happen and had asked to file for revision(per him child should not get 25k as interim releif) which I was bit reluctant and now he has filed 340 and 91 too .am worried now

Also one more thing she has only filed dv and 340/91 on me and I have filed for divorce. She doesn't want a lumpsum amount she wants me to pay monthly maintenance towards our baby. but i want a divorce from her which she says she wont give . During mediation also my lawyer took me back without signing the paper's because the mediator was taking her side bad telling me that I am adamant

Now that the divorce process is on and the mediation failed, U have to counter her claims.U cannot deny maintenance to UR child,no court will keep quiet.What is the present status of the proceedings?

I have a interim maintenance arguments due in next month. also my divorce date is falling next month. shall I agree to claims filed in 340 as she has my ITR which I did not disclose in my affidavit. what will be affect if I do not accept it , she has filed for 91 too.

will I be able to get a divorce by the court even if she conitnues saying she doesnt want to divorce me.

U cannot disown UR own ITR submitted by her,U have to accept it.Wait till the next hearing.

ok Sir, but have doubt as I had not declared in my income affidavit  and has shown my abroad income as 9 lac per annum and in india my ITR is of 10-11 lac income from other sources ( investment ). Will it affect my maintenance order and will I penalised for not accepting it.

Hello sainath sir, My lawyer is saying that you accept all the properties mentioned in 340 and mentioned it as taken from loan taken by parents and then show it as sold in loss. My question will it to go in my favour as I denied any moveable and immoveable property declared in my first affidavit. Secondly if I do as per my lawyer ,can my wife claim on her and her son share in the sold property.

 

Vineet,
Mere affidavit would not give respite,should be supported by documentary evidence

Hello Sir,

 

I have accepted all the facts as mentioned by her in 340 as adviced by my lawyer. Now would it affect me and my parents. Do I need to show the proof of sold properties as well. 

The Interim maintaince order has been finalized for 25 k for the son from the date of application and my lawyer is advicing to fight further to get it reduced. and he also giving me hope that I will win the case and maintenance will be reduced.

 

 

 

The properties purchased by you will be your own property in which nobody including your mother or son or anyone can claim any right in it or a share in the sale proceedings.  You  have full rights to dispose all your properties as and when you want to dispose them at your own sweet will and wish.  She cannot claim even a single penny out of the sale proceedings of the properties sold by you either on her own behalf or on behalf  of your son.  

Hi,

My Wife has deneid mostly all the facts in 340 CRPC and 91 (except she is working which she declared in first affidavit). also she wrote that I filled 340 CRPC and 91in order to take revenge as she filled 340 CRPC and 91 before me.