Chargesheet awaited under 498a in ghaziabad district court

However that is not applicable to all cases.  It depends on the case you have filed.  Some laws allow exparte decree, as alternative to issuing processes to compel the respondent's appearance in court.

@Gopal arora.  There is no straightjacket formula in awarding maintenance.  Circumstances differ from case to case. The decision is made having regard to the income and property of applicant and income and property of respondent.  The principle that wife is eligible to maintain same standard of living as she was when she was living with is widely followed by courts apart from these.

The fact that wife was earning Rs.20000/- per month in some job or the other would not have deterred supreme court in awarding maintenance of another Rs.20000/- or alimony of 20.00 lacs instead of 40.00 lacs in the citation I had given.  Because if she was living in a luxurious house when she was with husband, in order to enjoy the same level of comfort, she has to take a flat on rent for Rs.20000/- permonth.  If she earns only Rs.20000/- she cannot take a flat on rent for Rs.20000/- per month.  It is not for the court to argue with applicant "you have to live within your means" because the principle is the wife should maintain same standard of living when living separately from husband as she was maintaining when she was with husband.  This is to ensure that rich men do not marry and use women to satisfy their lust and throw them away from her to pay paltry sums of Rs.10000/- or Rs.15000/- which they can throw away to even beggars and marry another woman. 

If woman needs Rs.20000/- for rent and Rs.20000/- for remaining expenses, then having regard to the standard of living she was enjoying at husband's house, even if she is earning Rs.20000/- per month, she will be awarded maintenance of Rs.20000/- or Rs.20.00 lacs alimony.  I too support this stand taken by Supreme Court.

Dear Mr Chadrashekhar,

You are missing 2 things here.

1) If the property and assets are acquired by the husband after the marriage then to some extent your point is debatable.

2) If all the property and assets (house) etc is on husband's parents name, then wife has NO RIGHT to ask for the share. 

Regarding equal share - In case of 498a and DV since now a days woman is missusing it, courts are now super alert.

However the flaw in the judgment of SC that I had given is that the court had given the choice of paying either Rs.40000/- per month or Rs.40.00 lacs as permanent alimony to husband instead of giving that choice to wife.  Usually when such choice is given the respondent would choose to pay monthly maintenance with a view that the applicant cannot remain unmarried for a long time, and paying Rs.40000 would mean if they pay for three four months and in the meanwhile she gets married the cost incurred by them is only Rs.120000/- instead of lumpsum Rs.40 lacs.  It is because of this, women file S.498a so that they drive husbands to pay permanent alimony (also called settlement amount) to withdraw criminal cases.  Unable to bear the harrassment of attending courts, husband pay permanent alimony instead of paying maintenance where S.498A and other criminal cases are filed.  If SC does not give such judgement gives the choice to woman to choose rather than giving the respondent husband to choose between these two options, then women would not file criminal cases against husbands in view of ruling given by SC.

What if husband choose to contest the case? This is the exact story of my case. These legal prostitutes asked for 40Lakhs to settle the case and I refused and asked her to contest the case. So what happen when husband refuse to pay the extortion money and drag her to contest the case??

Thats the reason I asked why chargesheet is still not filed?

You have AB now, so just chill and focus on work / job in hand.

Cases does not get over in a night in India. Have paitience and lead a normal life.

AB is not available in every part of India. There is no AB in Ghaziabad. My parents including my deceased father had to present in front of the judge and ask for the bail. I would never spare this b*st*rd woman will contest the case even I have to go to jail as indian law is biased and meant for woman only.

And woman misuse it to settle scores. 

If you tell me what are all the cases going on between you and her I can comment.  However based on your first post I presume that only 498a case is there between you and her.  Police cannot drag on the case to facilitate parties to mediate on settlement amounts.  In fact mediation process under S.498a comes to an end once FIR is registered by police.  Other mediations are in the ambit of family courts if cases are filed parallel to S.498a under Hindu Marriage Act for divorce, RCR, Judicial separation etc.  Somewhat confusing to me even is SC direction to magistrates to criminal courts to promote peace between parties to encourage mediation, this news I came across recently on net.  However I personally feel that as 498a is not a compoundable offence, the mediation process cannot take place between parties of S.498a once FIR is filed. If divorce proceedings are running parallel, there husband and wife can mediate when process legally facilitated by Family court/District court under HMA. .  If criminal court magistrates allow mediation between parties for settlement then police will have very big role to play in forcing husbands to agree to settlements by application of force and threat.

Now coming to your question what happens if you ask the wife to contest the case.  The case may be in favor of you.  1.  you may be discharged without even charges being framed subsequent to arguments and cross examination during pre-charge trial.  2. Police may submit report that no case is made against you.  In that case magistrate himself have no powers to proceed against you.  The file should be closed.  3. After charges are framed again case prolongs for a long time, say five or six years and finally you be acquitted because of lack of evidence which proves your crime beyond reasonable doubt.

In all these events, you need not pay any settlement amounts to wife.  Only pressure point is, you will not be able to bear attending courts and take on the stigma of 498a attached to you, and yield to the pressure of paying the settlement amounts they are demanding.  But my advise is never attend any mediation arranged by police.  Instead file some case under HMA against her and convey to them to attend mediation arranged by the Family court/District court if you want to pay settlement amount.  There will be attempts on the part of counsels from both sides (this is dhandha, even your advocate cannot be trusted, he may be working for them) to see to it that you will agree for out of court settlement.  Never pay any amounts to them by depositing cash or handing over cash to anyone.

If settlement amounts are to be paid, the best way is to pay to Family Court to be paid to them when Mutual consent divorce is agreed for and pay it in the form of permanent alimony and then apply for quash of all proceedings to HC under S.482 Cr.PC. 

As no other proceedings are there in Family court, I think you can sit and enjoy watching the proceedings if you are not in a hurry to remarry.  But keep a watch on your Advocate because Advocacy is the only profession where the Advocates benefit more because of their own mistakes.  If they do not argue your case at this stage for discharge, the court will frame charges.  And they may intentionally skip doing that so that case prolongs and you keep paying them.

Dear Mr Shkhar, Here are the case details and scenario

Marriage lasted for 5 months. Complaint was filed in Gurgaon. From there to Ghaziabad - 498a and one case from Kanpur (DV) where they are demanding 40 Lkh + 50K pm maintenance.

Girl has been earning more than me and working a MNC in Gurgaon. 

Police mediation failed and FIR was registerd in Oct 2012. Then our lawyer demanded for court mediation which failed too in Feb 2013 and now we are awaiting chargesheet.

There is no medical done at Prima Facie in Gurgaon. In fact when police stepped in they said no case is there. Her mother by that time reached and framed charges and gave a complaint to the police and we were called in Gurgaon thana.

Currently I am awaiting chargesheet in Ghaziabad from last 3 months but there is nothing which is reported so far.

It is technically wrong to say "her mother framed charges".  Framing of chargesheet is done by magistrate after the police submit their Chargesheet to the magistrate.  From the chargesheet submitted to magistrate, the magistrate can modify the chargesheet and delete some charges or entirely discharge the accused saying no case is made out against accused based on evidences or modify the charges into the charges that he finds meaningful.  When magistrate finalizes chargesheet it is called Framing of chargesheet.  After chargesheet he will readout charges to the accused and questions him, "are you pleading guilty of these charges that you are accused of".  You should say, "I am not guilty" if you want to fight out the case which is normally done.  If you plead guilty, magistrate will convict you then and there itself.  Hence at that time, you should say "I am not guilty I want to rebut these charges". 

It is better you file under S.482 Cr.PC because charges against you are appearing frivolous.  Consult your lawyer for this.

99% there is no possibility of any maintenance/alimony being awarded to her because her salary is more than your salary.

What if the girl/mother says these charges are false???? Is there any punishment for framing false charges??

Why will they accept their own charges false? 

It all depends on how the court drafts the judgment and from that you can find out the opinion of the court.  If the judge uses harsh words against the complainants calling their charges, baseless and false coupled with malafide intention, then you can file a criminal case against them under section 203 of Indian Penal Code.

Yes.. if they are made to be scared of the repercussions. Infact that b*tch was ready to live with me provided I throw my mother out. And If I pay her what she want she would be even ready to strip on the road. So obviously she would accept the charges if either I meet her extorted demand or give them their own medicine "Fear".