Chargesheet awaited under 498a in ghaziabad district court

Thanks for the reply. I agree with most of your points but I disagree completely regarding the maintenance. Earning more or less is not a criteria to take away money from boys. Because of this misconception woman like these have started using marriage as a source of income and growth. Obviously these fraud women are worse than prostitutes.

It is not about what you and I agree or disagree.  It is about what courts do and how they perceive.  Stare decisis.

Yah but It is clear now a days that woman is independent and can make enough for herself. Moreover maintenance is granted only when wife is not capable of working. In my case that woman has been working and earning and her mother said in Mediation that she is not even able to walk and she is staying back in Kanpur. 

For you please have a look at this - https://terminatorak.wordpress.com/2012/01/11/no-maintenance-for-qualified-wife-crpc-125-delhi-hc/

https://archanafoundation.blogspot.in/2011/01/no-maintenance-for-qualified-wife-us.html

The trial court on the basis of a finding that the wife is working as an Anganwadi Worker and is earning a sum of Rs.3000/- per month, did not grant any permanent alimony.This finding is also contrary to the evidence on record inasmuch as, it appears from the salary certificate that the consolidated salary of the wife is only Rs.1457/- per month.  On the other hand, the salary of the respondent-husband is Rs.6988/- say Rs.7000/- after compulsory statutory deductions admissible under law.  Law is well settled that the husband has a liability to maintain his wife in a manner so that the wife can lead a dignified life befitting his and her status.

Smt. Sanghamitra Singh vs. Kailash Chandra Singh, AIR 2001 Ori. 151 at 153

Qualification is not the sole issue here.  If you are able to maintain 3 cars, she should also be able to maintain as many cars.  That is roughly the settled law.

Thanks for the reply again. Again I have bring your attention on conditions. 

1) The case you are highlighting is a very different and genuine case all together. I am sure you know something called "Significant". So if a woman is not earning enough then ofcourse she need support.

2) Since woman now a days use 498a as a legal prostitution, courts are smart enough to understand it. The concept of having same car does not apply in such cases when it is observed that mere reason for asking for maintenance is to make money.

This settled law position extends to even the difference between standard of living of a man earning 25 lacs per annum and a woman earning 15 lacs per annum.  There are judgments to that effect.  Courts do not see that if basic needs are fulfilled a woman need not be given maintenance.

No sir... you need to study more about laws. Please update yourself.

Update :

https://indiankanoon.org/doc/1720873/

https://infochangeindia.org/women/news/women-with-income-entitled-to-maintenance-sc.html

https://articles.timesofindia.indiatimes.com/2013-02-22/delhi/37241711_1_rs-2l-husband-maintenance

https://articles.timesofindia.indiatimes.com/2013-02-11/delhi/37038662_1_maintenance-rs-70k-prabhjit-jauhar

Dear chandrasekhar

The cases referred by you does not support support your claim in the previous post. You wrote

Thanks for doing homework Gopal. Moreover, there are circumstances like genuinty of a case. If a woman is filing a 498a and then DV this proves that she want to take revenge and extort money. I am awaiting 406 in my case. Lets see when I see all of this. Currently chargesheet is not coming thats quite surprizing. 

Mr Shekhar I would like to discuss with you my case and like to know how many counter cases I can file. My objective is to send her and her mother to Jail.

@Gopal Arora.  This is for you.  Most people in this forum even go to the extent of arguing that even if wife is educated she is not eligible for maintenance and alimony.  This SC judgment is made in year 2011.  The wife was earning intermittently some amounts (Rs.20000 pm) and on casual assignments Rs.1.40 lacs, still she was awarded maintenance of Rs.40000/- per month and permanent alimony of Rs.40 lacs.  You see even my earlier posts would have made you think that it does not make any difference even if a woman is earning Rs.20000 or Rs.30000 per month to award maintenance of Rs.70000 or Rs.2.00 lacs, because if she is earning Rs.20000, the respondent would have been directed to pay Rs.50000 or Rs.1.80 lacs.  That is the only difference it makes.  Court awarding such huge amounts itself is enough indication that the criterion for paying maintenance to wife is not paying maintenance at subsistence levels, but at par with the status of husband.

https://indiankanoon.org/doc/328578/

@498a Victim.  I stay in Hyderabad.  It is better you consult some good local advocate.  I can guide you whether your advocate is proceeding on correctly or not.  My advice is not to file any frivolous or vexatious complaints with out having proof beyond doubt that you can show to court.

mr.chandrashekhar, wat if the accused dont appear in the court even once and busy in hiding themselves?

Dear Chandrasekhar

Thank you. In this case also, wife had convinced the court that after marriage she left the job of air hostesss to take the responsibilities of home and after dispute wth her husband, she was dependent on her sister and almost unemployed but earning irregularly. 

I am submitting a case, where husband is engineer and wife is advocate. The Hon'ble Justice SN Dhingra, allowed the appeal of husband and refused to grant maintenance to wife.

https://www.indiankanoon.org/doc/770904/

regards

@Priti.  Move an application to declare him a proclaimed offender.  Read Cr.PC. Sections 82 and 83.