Uma Maheswara (consultant) 26 May 2013

498aand divorce case clarifications

Dear Experts,

We are married on 17May2009 at Rayagada and stayed at our house with my parents at Visakhapatnam, AP. My wife left the house with her father and sister who had visited us while I am in Delhi on Office work on 19Nov2009 stating that her grandmother is unwell. I tried to get her back but she is unwilling to come and mediations and efforts all failed. On 19May2013 she filed a 498A case at Rayagada and divorce and maintenance cases at Visakhapatnam. In 498a case they got me and my parents arrested, my parents were granted bail, I was in police custody for 8days and got bail on cash deposit. My wife father has intimated to my company about my arrest and due to this I lost my job.

Cross Examination of my wife happend in Dec2012and her father happend yesterday(25May2013) in divorce and maintenance cases, Please help me with the following points:

Yesterday, during the cross examination in the divorce and maintenance cases, My wife father has informed the judge/court he intimated to my company about my arrest in 498A case and he requested my company to remove me from job. I intimated the court about my job lost due to this case in my petition. What implications will it have on the Divorce and Maintenace case judgement?
They received summons in the 498A case but did not appear. They never appeared in court in the 498A case her uncle is APP and managing the case. What is the next step i need to take? any suggestions?
In the 498A case, Me and my parents got bail on cash deposit. Is this bail remains till the case is completed? or I need to renew anytime? How long a cash bail is valid? any suggestions
Do we need to apply any counter in the 498a case? or the case will run based on FIR? Pleas suggest.
I am the only son and we are having our own property. They are claiming to have given my 5lakhs as dowry(which is completely false) thru my family friend bank account and the same is given to me and that I demanded another 5lakhs after marriage. (My salary is around 70K at the time of marriage and last 3yrs I dont have any job). What should I do to prove it wrong?
The judge suggested her father did not agree for the suggestion to send my wife to our house and and he did not agree to it. He only wants divorce from me. What will be the implications?
My wife studied her MBA and later worked in ICICI prudential as Unit Manager at Rayagada. I dont have any job now. Is she entitled for maintenance? What need to be done?
My advocate suggested me yesterday to file RCR and said this will help to get divorce. Is it any use to file RCR at this stage while the cross examinations had already started in the Divorce and Maintenace case?

I kindly request the members to give their valuable suggestions and any references similar to my case,

Thanks in Advance

Mahesh

Reply Follow

1 Replies

Adv Archana Deshmukh (Practicing Advocate) 26 May 2013

Yesterday, during the cross examination in the divorce and maintenance cases, My wife father has informed the judge/court he intimated to my company about my arrest in 498A case and he requested my company to remove me from job. I intimated the court about my job lost due to this case in my petition. What implications will it have on the Divorce and Maintenace case judgement?

It will have its impact on maintainance case. If admittedly you have lost your job and your wife is earning then, she won’t get maintainance.

They received summons in the 498A case but did not appear. They never appeared in court in the 498A case her uncle is APP and managing the case. What is the next step i need to take? any suggestions?

When the FIR is filed after such a long delay try to expediate the matter now. Engage a good competent advocate so that the matter will be quickly disposed off.

In the 498A case, Me and my parents got bail on cash deposit. Is this bail remains till the case is completed? or I need to renew anytime? How long a cash bail is valid? any suggestions

The bail is valid till the case is completed no need of any renewal.

Do we need to apply any counter in the 498a case? or the case will run based on FIR? Pleas suggest.

There is no filing of counter in a 498A case. Fight the case on merit with the help of a competent advocate.

I am the only son and we are having our own property. They are claiming to have given my 5lakhs as dowry(which is completely false) thru my family friend bank account and the same is given to me and that I demanded another 5lakhs after marriage. (My salary is around 70K at the time of marriage and last 3yrs I dont have any job). What should I do to prove it wrong?

There is no point in discussing these things on open forum as it all depends upon facts and circumstances to be studied in detail first. Discuss these things with your advocate in his chamber and not on open forum so that he can formulate what shud be done.

The judge suggested her father did not agree for the suggestion to send my wife to our house and and he did not agree to it. He only wants divorce from me. What will be the implications?

Depends upon the circumstances. If the judge senses that the wife is wants to reside separate without any justifying reason it may prejudice his mind against her.

My wife studied her MBA and later worked in ICICI prudential as Unit Manager at Rayagada. I dont have any job now. Is she entitled for maintenance? What need to be done?

File the evidence of her earnings in the court. If you do not have any job and your wife is working then, you can file for maintainance against your wife.

My advocate suggested me yesterday to file RCR and said this will help to get divorce. Is it any use to file RCR at this stage while the cross examinations had already started in the Divorce and Maintenace case?

At this stage I do not find any substance in filing of RCR.

1 Like