wife filing false cases against husband, should husband bear the cost?
Shivaji Rao (worker) 17 November 2011
wife filing false cases against husband, should husband bear the cost?
**Victim** (job) 17 November 2011
Ayush why don't you put your all queries in one thread itself ? Your name appears in numerous threads it's hard to get an answer one by one.
Shivaji Rao (worker) 17 November 2011
sorry...I did not know...will use one thread going forward....will just start a new thread.
Shivaji Rao (worker) 18 November 2011
how to present USA bank statements so that court can accept it?
Tajobsindia (Senior Partner ) 18 November 2011
1. Your first que. is not very clear. Is it litigation cost you are asking us or is it some cost imposed on husband due to his absence during evidence stage or simply put which cost your que. revolves around ? Kindly clarify the que. with more details.
Shivaji Rao (worker) 18 November 2011
litigation cost incurred by wife...should husband bear that?
also should husband bear any fine/cost if husband does not show after summons.
Tajobsindia (Senior Partner ) 18 November 2011
1. Litigation Cost is discretion of Court but mostly it is granted (sum varies)
2. If respondent husband is shown to be deliberately absent during proceedings then again it is discretion and voracious pleadings of wife's side resulting into some amount as (minimum to maximum) fine as Cost imposed upon respondent husband which is mostly allowed.
Shivaji Rao (worker) 18 November 2011
is there any agreement/document which can prevent wife from filing 498a or dowry case?
Shivaji Rao (worker) 18 November 2011
is tehre any law/section which is going to help husbands to fight 498a section?
wife's just use this weapon to extort money.....
Shivaji Rao (worker) 18 November 2011
Once 498a is filed, is there anyway that can be withdrawn?
Shivaji Rao (worker) 18 November 2011
also are there any cases where wife's were put in prison for filing false 498a
You are having a very wrong impression that wife cannot be put behind bars..they can VERY WELL be..since law it equal for all...If a wife files false complaint, and if the husband is patient enough and takes up the matter seriously in the court, then the wife can also be sentenced..
Initially it may seem that the court and the law is always in support of the wife..but if the complaint is false.with an intention to extract money to buy Porsches and BMWs, and the matter taken up seriously by husband, the wife goes to jail.
Please read section 340 and 195 of the CrPC (perjury) and sections 177or 211 of the IPC you will understand how a wife goes to jail.
In case of a 498A, the husband has to wait till the evidence of the complainant-wife, but it is easier in case of a DV because, the wife files an affidavit and any false/wrong statement, given under affidavit can be booked under the the above mentioned section.
There are lacs of false complaints filed by the wife, but they never go to jail because the matter is not taken up seriously by the husband. Initially out of fear of the poilce, court and jail..husbands pay money and get rid of the so called b*tches..
Men are more practical..they want to move forward in life, they pay money and move ahead in life..knowing that money can be earned but time cannot..
There are many cases where perjury has been filed, but just before the court takes cognizance of the Perjury complaint..the wife comes and begs for a settlement ..to avoid going to jail..
But as I mentioned, men are more practical, they forgive the wife, and move forward, and leave the wife to be punished by her own decisions taken earlier..and the matter comes to a settlement..
But if the husband, does not agree for a settlemet, the court takes cognizance of the perjury complaint and if proved guilty, the wife goes to jail...for 7 years.
So, Please do away with your idea that husbands only go to Jail.
Ranbir