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dns (mo)     16 January 2014

Job lose ..wife working . maintainence.issue

After 498/406 /34     Domestic voilance under sec 12 is filed.

i was not able to concentrate on  my job---expelled from job.  applied for new job ---police verification ---rejection of job since i am involved in 498.

wife filed sec 24 in rcr case --mentioned unemployed ---although was working ---i filed perjury --case pending.

NOW DOMESTIC VOILENCE --asking huge maintainence ----

i am staying away from my parents ,also me and my wife were staying away from my parents for almost 8 months .(this is my last stay with her)----still she has implicated my parents in dv.

 

How to proceed ---regarding maintainence and parents involvement.



Learning

 5 Replies

Vibhor Gupta (Advocate)     16 January 2014

You can collect your financial records.to show that you are not in a position to maintain her as per her demands.

Secondly, if you want you can file a divorce or an Restitution .

The grounds for divorce will have to show , she has deserted the marriage and the wife is not bonafide and often files all these false and frivilous cases, which constitutes

grounds for cruelty.Maintain all the evidence and at any instance you feel she has misbehaved with you, by barging in at your house, or any conduct not acceptable by you ,

file a complaint with the police.

Establish desertion and Adultery if possible .

1 Like

T. Kalaiselvan, Advocate (Advocate)     16 January 2014

If she had filed umpteen number of criminal cases against you, how did you decide to take her back into the matrimonial fold once again otherwise what is the necessity for RCR?,  She is cleverly playing the game plan under the guidance of some greedy and sadist people at her background.  You have no choice than to contest the same on merits with the help of all evidences against her in your possession.  My suggestion is to better withdraw the RCR and inform the court that it was she who is not interested in joining you back which can be evidently seen from the cases filed by her so it s no more possible to live with her again due to her true nature.  So you withdraw the RCR and file a divorce case on the grounds of cruelty.

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RK (Doctor)     17 January 2014

Please join SIF local chapters and they can help you.  Don't worry , it's money name and lawas are bing misused a lot . Be calm and ask your parents to sit tight . Protect your parents by anticipatory bail if not yet done. If you have filed prejury , then request the Judge to resolve the prejury first earlier to the Maintenance case. There is judgement for it and your lawayer can help you on this. If allegations are same in 498 & DV, then go for quash on DV on the groud that "double jeopardy". Google on " iitb double jeopardy"  and you will see there is a judgement about 498a & DV. All damage is done , so try to get the job now.

1 Like

dns (mo)     17 January 2014

Respected lawers ---

RCR was filed by her.

After 498 bail under consideration at high court .she is sending sweet messages for living together.i don wanna live with her.will be filing Divorce .

T. Kalaiselvan, Advocate (Advocate)     17 January 2014

If RCR was filed by her she is again planning to trap you for huge maintenance amount by making it clear that she is always ready to live with you but it is you who is not interested to live with her.   You can file divorce petition on the grounds of cruelty.

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