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Sandeep (Engineer)     31 January 2012

498a,dv,divorce,maintenance

Hi

I am 29 years old married since 2008,engineering professional.My wife belongs to Delhi.My wife has filed 498a against me.I have attended two meetings at CAW cell.She is not willingness to reconcile the matter on the grounds of cruelty and not maintaining properly.one meeting at mediation cell is also happened.result is same and my in-laws are asking huge settlement amount 10lacs.while the marriage was held in villeage and such a huge amount is not justfied.one of their relative a an advocate so legal support is there.

Now they are saying that many cases are filed against me.

Please advise me what are the possible cases they can file and how to defend those.I would like to understand the maintenance law in detail.how it is finalized.However my salary is good but I have some loans running and liability my family.I have hardly any saving at present.

How can I check the cases online,if these are filed  in Delhi.

I look forward for your feedback on my case.

 

Thanks

Sandeep

 

 



Learning

 14 Replies

sriram kartik (Advocate)     31 January 2012

Mr Sandeep

 

your wife can file 498-A case and Maintance case Under Sec 125 Cr.P.C. and also DVC case and she can file divorce case against you under the ground of cruelty. if u hve any property she cn file partition suit against u for tht house property also.

you say one thing wht is ur sal and abt ur savings and loans amt so tht u cn be get some exemptions. ur wife is doing any work or she is home maker so tht we cn advse u.

Sanjeev (Lawyer)     31 January 2012

The one major case they can file is 498A that is already in pipeline as the CAW complaint that they have filed for which you are attending the mediaion end result would be dismissal of their complaint or the recommendation by the CAW cell to register a FIR. If FIR is registered than you would need to seek AB or regular bail from court. So keep attending the CAW cell and cooperate in the process there.

Maintenance and DV Avt are the other cases but these all can be defended. If you feel that the demands are excessive than these cases can be defenced no need to be afraid but be mentally prepared.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

In Delhi you can obtain Ab even before the case is registered.

 

Online you can find on www.delhicourts.nic.in

 

 

In case you need any assistance, feel free to get in touch with the undersigned.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sandeep (Engineer)     31 January 2012

Thanks.

Please advise me if net salary is 34K and EMI for PL is 22K,living in rented flat and no property/saving then how much maintenance is expected.

Sandeep (Engineer)     01 February 2012

my fife is house wife

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 February 2012

It is at the discretion of the court, expect minimum 20% of your take home salary.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sandeep (Engineer)     02 February 2012

If my case is not settled at mediation cell and in case of FIR,then excluding me who(my relatives) are the most expected in FIR. If I m living seperate from my family since last 2 years.

while CAW cell letter was only for me.I only attended the CAW meetings.

Chaitanya_Lawyer_Mumbai (Lawyer)     02 February 2012

You can expect maintenance to be between 6000 to 8000.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 February 2012

In Delhi no one other than hjusband would be arrested.

 

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sandeep (Engineer)     03 February 2012

if I ll be the respondant ,this is a huge relief for me.

I got summons for Divorce case filed by wife.Please advise me how to present myself in the court ( detailed info will be highly helpfull).can I hide my salary ?

is there any way to reduce the huge amount of maintanance (6-8K)

Can I defend my own case.what ll be the procedure for this.

Sorry for asking so many questions.

Thanks in advance

Chaitanya_Lawyer_Mumbai (Lawyer)     03 February 2012

You should not hide your salary.

As your wife is housewife,you cannot avoid maintenance.

You can defend your own case if you know all the procedures.Better take legal advise.

Sandeep (Engineer)     03 February 2012

I mean she hav to produce my salary evident or I hav to answer it myslf and that need to be right..?

I can defend my case in terms of facts...don not know procedure at all..

pls explain hw i can start this..actually i m running short of funds...alray 3-4 cases are in th process...

Chaitanya_Lawyer_Mumbai (Lawyer)     03 February 2012

If she claims your salary to be more than actual,you need to prove with your proofs that it is lower than that.

Sandeep (Engineer)     05 February 2012

Pls advise what is the normal fees of legar ladvisor for divorce/maintanance law.(in delhi(rohini court)

I do not know this is a right question or not.

Thanx


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