Abhishek (Others) 14 January 2012

Divorce_after_498a

Hello Experts,

I married in 2009 and lovely498a wife file GIFT us 498a after 9th month while she stayed for only 51 days in 9months. I am my falimy is on AB and case is in trial. Once i and my family got AB then she gave another GIFT CRPC-125 asking for 30K Per month. Once i recoverd from these GIFTS i file Divorce case in Jan 2011. After filling Divorce she took U turn now wants to back. She used to make good DRAMA/Tears(weapon) in court in front of crpc125-judge(Bihar) and says 'My husband is good i want to back', . Divorce case filled in UP and 1 year has passed and nothing happed in trials. My counsel files divorce on ground of Cruelty.

In maintenace petition she written that i m earning 12L PA and Working in AIRTEL. I have never worked i AIRTEL and now i left my job and doing MBA. I have alreday informed to court that i am not working.Now my question is that

a) I am not working and even she cannot prove that i am working because she dont have my PAN no and no TDS deduction in ITR. Can court order me to maintain her with 30K per month?

b) As she GIFTED 498a so its easy to get Divorces or still it will take 4-5 year while she strongly willing to stay with me.

Thanks

Abhishek

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7 Replies

cm jain sir (ccc) 15 January 2012

Crocodile tears! Drama!

Not able to proove about false cases and working details so naturally it will come out. Once she had done the extreme then better be careful . she can go up to any extent.

**Vikram** (Managing Partner) 15 January 2012

Divorce and 498a are two separate issues..filing divorce does not mean that 498A will be over fast..

498A is non-compoundable (Read section 320 CrPC)...but 498A can be quashed in the HC under section 482 CrPC..when both parties come to a compromise (either they decide to stay together or separate out)..

Contest your divorce case...

DONT BELIEVE HER..OR NOT EVEN IN YOUR WILDEST DREAMS THINK ABOUT TAKING HER BACK...

Vikram

1 Like

**Victim** (job) 15 January 2012

@ Abhishek you stick to your tongue don't go by her tears your wife is a player and she knows where to cry and where not to cry ? If she would have said "My husband is good and i want to stay with him" same day when she filed 498 (a) then that is understandable but now she knows that it will be hard for her to prove that you are working therefore maintenance or alimony is not easy to get. Brother do not give her any hope if are really willing to divorce her because she would keep all cases pending until you say from your side that you are wiling to rejoin her. You are lucky that you got to see her colours within 9 months out of which she only stayed your house 51 days. She might create problem for you in future your career is bright better get rid of her and concentrate on career.

rajiv_lodha (zz) 15 January 2012

U can counter her by saying:- If u sure that the husband is good & u r ready to live with him.........then why 498a pending. Ist go & make it quashed, only then ur intention can be seen as true!

MOOH MEIN RAM-RAM, BAGAL MEIN CHHURRI

1 Like

Abhishek (Others) 15 January 2012

Thanks for your all replies.

My question is still unanswered. Please help me.

As i am not working and opposite party do not have any prove also, still judge can give interim maintenance order for 20K ?

Thanks

Abhishek

cm jain sir (ccc) 15 January 2012

u have to pesent ur case strongly that -

u r not working,

u r still studying(submit docs),

u dont have any income,

she had deserted u,

filed false cases aginst u and ur parents,etc.

Hire a gud advocate. u can challange it if not satisfied with d decision.

Be careful PAN no can be extracted from net or rti. ur parents may be asked to pay maintanance also if they r well to do.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 January 2012

All cases would be fought on their respective merits.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Divorce_after_498a

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