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syam ( )     21 November 2014

498a filed on my complete family

we got married in 2013 May . Marriage type (Inter caste and love and arranged marriage  ). Both are employees working in corporate organisations with medium roles . we both earn she (30000) , myself ( 15000 ). her parents run bussiness which is in loss every time . she give her money to her parents without intimating and she also taken loans without intimation to me and given to her parents and she started to pay emi every month . I dont have any bad habbits and i have given my salary to her every month by hand for maintainance. several times advices her not to do mistakes like loans. She does not lisen . Now a days situation made me disturb i asked and finally vexed with her loans (around 17000 we pay for loans from day 1 we got married ). i was vexed and started scolding her and her parents badly about loans.

she felt angry on me and she applied for 498a on my family , divorce.  my intension is to  change her attitude but not to loose her. Please advice. she left my home and leaving with her parents from 4 months. applied divorce 2 days back with messages as proof i have scoled. Her father put IP in vijaywada in past history due to bussiness loss. he brings call money (high interest rate and get loss) and doing bussiness again. please provide advice

My wife filed a 498 A case on my entire family  and demanding 30lakhs in police station. 

1)  I have requested her not to do mistake and don't break relation. she applied 498a on me , my father and brothers.  

2) once she given her gold to my brother account  and taken money from bank as loan. Now she was saying that my brother kept her gold for money in fir ... how can i prove my brother was genuine  

3) she and my father have conversation on phone after she left me and went to her home without intimation, In that both scoled each other in phone. she took that conversation as proof.

4) one another brother who is innocent . she kept fir on him to saying that she given money for him by hand.

finally my father was vexed and said that  relation should hold by faith not by money, v dont give 30 lakhs to my wife. 

how to save my innocent family from this 498a case and stop giving divorce to my wife.  I dont want my wife to give money to her parents because they dont know how to balance bussiness and making us financially down by keeping loans by my wife. 

No dowry has taken during marriage. 



Learning

 13 Replies

praveen kumar (LEGAL MANAGER)     21 November 2014

Multiple querries

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=112733&offset=0#.VG7oAGcXIvs

Sudhir Kumar, Advocate (Advocate)     01 May 2016

refer latest thread

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=136203&offset=2#.VyU2ySFMzwo

Pawan S (Advocate)     03 May 2016

Whatever she does with her earning is her own peril.

 

Understand, she is not wasting her earning. She is trying to help her parents.

 

Talk to her and sort out the matter.

 

Regards,

 

Ekta 

jaig   04 May 2016

If a wife chooses to maintain her parents, without taking money from husband, you shouldn't stop her. At the same time a wife earning more than husband cant put the entire burden on husband. You should have handled the matter carefully.

You could have refused to put any money in her hand, and let her suffer by lenders, but not abuse her. Still never take wife for granted. It is her burden to pay off her loan, why did you bother. You should only pay half the household expense or even less, and refuse to pay anything else, let her manage on her own. But you messed it badly !.

You dont have choice but fight now. Probably you can tell the truth, and argue that cruelty for such scolding does not extend upto 498A to attract imprisonment, and fight your case. You would not get any relief under DV normally, but luckily for you wife earns double your salary, so she needs to show herself dependable on you IN ADDITION TO commission of DV - you can challenge only that part. Get opinion of lawyer.

Sudhir Kumar, Advocate (Advocate)     06 May 2016

the author does not realise the law relating to Sr Citizens.

 

dear sir,

 

even if your wife is not earning still she cannot be stopped form maintaining her paresnts out of your earnings.  It is her legal obligation and you are lucky that she is able to earn for  fulfil this obligation. Otherwise husband hasto bear her legal obligations if she stops earning.

Sudhir Kumar, Advocate (Advocate)     06 May 2016

1)  I have requested her not to do mistake and don't break relation. she applied 498a on me , my father and brothers.  

 

WHT ABOUT YOUR MSTAKE OF NOT LETTING HER TO SPEND HER EARNING THE WAY SHE LIKES

Sudhir Kumar, Advocate (Advocate)     06 May 2016

2) once she given her gold to my brother account  and taken money from bank as loan. Now she was saying that my brother kept her gold for money in fir ... how can i prove my brother was genuine  

Not understood what you mean?

Sudhir Kumar, Advocate (Advocate)     06 May 2016

3) she and my father have conversation on phone after she left me and went to her home without intimation, In that both scoled each other in phone. she took that conversation as proof.

So it was your father's folly to behave in a way not befitting FIL why should she not record such conversation as proof.

Sudhir Kumar, Advocate (Advocate)     06 May 2016

4) one another brother who is innocent . she kept fir on him to saying that she given money for him by hand.

what did this brother do to stop you to proceed to wrong path.

Sudhir Kumar, Advocate (Advocate)     06 May 2016

finally my father was vexed and said that  relation should hold by faith not by money, v dont give 30 lakhs to my wife. 

so as long as you are given all her earning and she not being given any chance to spend the way she likes the relations are held on faith

 

Sudhir Kumar, Advocate (Advocate)     06 May 2016

how to save my innocent family from this 498a case and stop giving divorce to my wife.

"innocent" ?

 

you can save your family be realising your own follies and without such realisation you cannot have sight on any way out.

Sudhir Kumar, Advocate (Advocate)     06 May 2016

 I dont want my wife to give money to her parents because they dont know how to balance bussiness and making us financially down by keeping loans by my wife. 

this is not your choice dear.  it is her earning.  she can stop earning and then compel you to part with some of your earning on this project.

Sudhir Kumar, Advocate (Advocate)     07 May 2016

Originally posted by : jaig
If a wife chooses to maintain her parents, without taking money from husband, you shouldn't stop her. At the same time a wife earning more than husband cant put the entire burden on husband. You should have handled the matter carefully.

You could have refused to put any money in her hand, and let her suffer by lenders, but not abuse her. Still never take wife for granted. It is her burden to pay off her loan, why did you bother. You should only pay half the household expense or even less, and refuse to pay anything else, let her manage on her own. But you messed it badly !.

You dont have choice but fight now. Probably you can tell the truth, and argue that cruelty for such scolding does not extend upto 498A to attract imprisonment, and fight your case. You would not get any relief under DV normally, but luckily for you wife earns double your salary, so she needs to show herself dependable on you IN ADDITION TO commission of DV - you can challenge only that part. Get opinion of lawyer.

not able to agree with

 

"for such scolding does not extend upto 498A to attract imprisonment, and fight your case. You would not get any relief under DV normally, but luckily for you wife earns double your salary,"

He is a person who got a wife earning double to him.

He does not want her to spend as per her choice which clearly means that he wants her entire (atleast what appears from his post).  WIthout such surrender from her he will not let the mariage go smoothly (as he himself told that he and his father got vexed).  So his expectation from her (as stated by him) is a consideration for marriage that she should financially surender and not to spend anything against his wish from her salary (double than his). What else is dowry definiation.

He himself sated that his father behaved with her in such a way  that the recording is an evidence against him.

He seems to be correct that his wife is spending money and incurring loans on unviable project.  Business losses can never be compensated by saving from salary.  But this is the way she decides to spend.  It was her discretion to accept his advise but no compulsion on her. She has a right to spend unwisely. He has no choice and no right to comple her not spend the way she likes.

It appears that uptil now he and his family is just creating evidence against themselves.  He still appears to have not lost the chance of correcting himself and avoid spoiliong life.

 


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