Maintenance case

Hi, you can lodge FIR under 498 A on your husband and in-laws , the police will help you to recover your gold ornament .. In addition , file maintanance petition under 125 Crpc to claim monthly allowence from your husband .. Kindly Contact :- 9654062181 Adv Hemant Chaudhary , Gurgaon

Originally posted by : Hemant Chaudhary
	Hi, you can lodge FIR under 498 A on your husband and in-laws , the police will help you to recover your gold ornament .. In addition , file maintanance petition under 125 Crpc to claim monthly allowence from your husband .. Kindly Contact :- 9654062181 Adv Hemant Chaudhary , Gurgaon

Pardon my ignorance, but how is 498a applicable here? shouldnt it be 406?

Hemant Chaudhary this most disgusting that advocates like you give wrong advise to innocent people and guide them to wrong manner. The criminal provision u/s 498A IPC for the cases of extreme cruelty committed by husband on his wife while they are living together and in this case they both are living separately for 18 months, while wife lives with her in laws in India and husband employed living in Japan. The only issue in the case is that husband has stopped providing the monthly maintenance to the wife since 8 months and you as an advocate advising this poor lady to go and file criminal complaint against the husband u/s 498A IPC with police. As far seeking her streedhan that is lying with her in laws is concerned, the wife should first ask for it from them and if they refuse to give her back than the complaint u/s 406 IPC can be lodged against them with police, here without even asking the streedhan back from the inlaws, lodging police complaint is also wrong. Advocates here or otherwise, stop misguiding innocent people through this website or otherwise, lot of false criminal complaints lying in the courts which end in acquittal but which break the matrimonial homes for ever. The proper manner to seek monthly maintenance from the husband who refuse to provide is to file petition u/s 125 Cr.P.C for maintenance .The wife is supposed to be provided place of residence by the husband, if the in laws refuse to keep the wife of their son with them, the husband is supposed to provide a separate place for her living with all the daily need facilities that she was enjoying in her matrimonial home. The Protection of the woman from the domestic violence Act is the correct law for seeking and getting relief from the husband with regard to the place of residence by the wife. If the husband harass the wife with threat of divorce or force her to agree for divorce, this is fit ground for wife to seek relief against the husband under the above mentioned laws, no way to guide the innocent wife to file dowry or cruelty complaints with police for these matrimonial civil wrongs committed by the husband.

@ Vijay Raj Mahajan, commendable sir. Their is nothing abnormal in Mr Chaudhary reply as now a days these are accepted norms for a large number of the advocates (not for all). What Mr chaudhary is saying is harsh reality only, it is happening in most of the matrimonial disputes. For Advocates like Mr Chaudhary interest of purse are subservient to the practise of law and they are working merely as a "dispute broker". With due regard to Mr Chaudhary,
I hope that Mr Chaudhary and all like minded people will take a note of well intended and genuine advice of Vijay Raj Mahajan sir

Thnx everyone for ur reply.

@Vijay Raj mahajan sir plz tell me what will be the best option for me. Actually I don't have kids. My husband family nd he wants to get rid of me. My husband is safe in abroad , he abused me there a lot. I always wanted to save my marriage. That's why I never did a single complaint. Bcoz my relationship will be more worst. There is many things, I can't write here. Sir could you plz give me your contact number. I would like to talk with u. Bcoz a right advise could give me a right direction. Thnx

@Geeta you email me directly for legal consultancy than I'll see how best I can be of help to you. vijaymahajan5758@gmail.com