498a, Dowry charges along with 125

Thanks a lot Prabhakar,

Few more details would really help.

1) My salary is 50000 p.m (take home 43000-45000), from which I am paying around 23000 in Home Loan EMI (for a flat under construction in Mumbai), 6000 as rent, which leaves around 13 - 14 thousands with me from which I need to pay my daughters fees (nursary)...moreover I am also a heart patient and have had two open heart surgeries...I need to take medication and regular check ups of around 2000 p.m......what minimum and maximum amount the court can suggest in such case?

2) What are my options if I want her to come back for the sake of my daugher and avoid maintanance?

3) What kind of legal options I do have...either to bring her back or for divorce right now as her father doesn't allow both of us to talk and I can not call her now as I am on bail under 498a and they may tell the police that I am harrasing them?

4) What is the proceedings under 125...does the court intervine and ask us to talk personally or we would have to go through our lawyers only?

5) What are the proceedings under 498a, as her father is claiming that he has some photographs suggesting that my wife has been beaten (the photographs are in his mobile and might have been taken at my in-laws place)...how serious the charges are? Kindly advice...

Community ... Plz help and advice.

Thanks a lot Prabhakar, I would be very greatful to you if you can please help me in following points as well

1) Can you please let me know what what disadvantages RCR has?

2) Also in their FIR (498a) they have made dowry allegation that we have demanded 50 lacs of dowry to them... How scerious is this?

3) Also in the FIR they have mentioned that at the time of marraige they have given us 25 tolas of jwelleries which is totally false....My wife have had only one gold chain from their parents and all the other jwellery (even if my in-laws might have purchased) are at my in-laws place. How scerious is this?

4) Finally how long 125 case can take...does normally court grants verdict (maintainance) in the first hearing it-self?

Kinldy reply.

two more thing..

5) What can be the sentence if she could prove mental harrasement on the basis that I have alleged her of adultary which caused mental harrasement to her?

6) Chargesheet has not been filed ... How can I know what witnesses they are going to produced and what is the relevence of these witnesses if they are there relatives or friends?

I would be eagerly awaiting you reply on above six points (of both posts).

if u ve time n dragg the case then file rcr but disad is if she is ready to stay with u then accept but it will take 3yrs to 4 yrs to come judgement.they can made allegation that u r asking 100 crore but she ahs to prove.regarding 25 tola gold she has to prove by pic or list otherwise court will not accept.in delhi court one mil claimed that she had given 10tola gold to him then judge asked where u brought this gold.as i know its difficult to u for surviving.so dont worry once she will be file 498a this is bramastra which can used only ones not always.for few days u will face little problem.once u will get bail all problem goes to her side.so be brave.for ur crpc if u fight properly u can dragg 3to 4 yrs then go to hc then sc .it will take 5to 6 yrs.only intrim main can grant within 60 days but its very less give 1000rs.touch with this site n 498a.u will get all feed back.but dont belive lawyer.99.99% lawyer r thief,dacoit n culprit.so u ve to fight according to demand of situation.god bless u.

Thanks a lot to both of you (Sharmila & Prabhakar).....I have got the bail ....but I feel really sad about my daughter who is going to complete 3 years in this april....I see her day in and day out and find myself very guilty that I could not stop this disaster to her life.

I really love my wife and the adultery charges are not base less...she only confessed them when I asked repetitively....still I want her to return just for the sake of my daughter. I am ready to forget and forgive everything. Even my family is not in the favor of bringing her back as she (and her parents) falsely dragged my father and brother into all these...but still I wish everything gets settle down so that my daughter do not have to be a victim of all these.....Her father & mother did not allow us to talk once she reached there and are very dominating and expert in manipulating minds (has done it before also with my wife many times on small things which resulted in conflicts between us)....I really wish if we could talk in private but that seems to be near to impossible......

Once again thanks to all who have contributed

hi mr parbahkar.still i m not convince.i would like to give example.most of the people think pakistan is a terrist state it does not mean all 20 crore r terist but few people r terrist n world is accepting.same most of the lawyer r-- - -.so people belive.if u vote then u know the openion of people.even in this site most of the people searching a good lawyer why coz of frusted of lawyer.client is paying money n u people is not working for client.u people is working for o.p.this is true.if u want example i can give on n on but it will never stop.if u think i m wrong just ask how many people is happy with lawyers hardly u will get answer.498a,crpc125 n lawyers r the same section.u people only know how to extract money from client without working.i m also working for my client n does work with honesty but u people always supported o.p.why.second example.u people said if wife refuse to stay with husband then no maint.but practical u people wrong.first u ve to win rcr without rcr maint cant be stopped even wife refuseed without reason.u can not provide a single judgement that wife refuse to stay husband n maint is zero.withour rcr no maint is zero.sometime u ve degree of rcr but still court is allowing maint.i challange to mr parbahkar show me single judgement then i will take back of my statement with unconditional apology to u.but u can not.people is asking advise in this forum specially maint n 498a.but in maint no one is giving practical advise.what court is considering these days.as u know that court is biased towards men.only in india under oath u can give any false statement.judge can see n smile that all.

thanking mr parbahkar reply me or proof  me  wrong.

Should I file an RCR?

If yes, the is it possible to file it in Navi Mumbai (where I am staying and doing my job) even though she is in Gujarat at my in-laws place?

What is the procedure of RCR. How it works and how long it can take.....

Moreover how can it affect my case?

Kindly advice.

mr prabhakar.truth is truth.truth no reqd proof.lawyer n poltician r the same.this is true not false.if 1or 2 people is good lawyer then u can not say all of them is good.just ask the forum n know the result.every comon man is fed up about indian judge,indian lawyer,indian police n indian poltician.but poltician is one step more.lawyers n judge bad in only india but only poltician is bad in every contury.mr prbahkar always give practical suggestion.now judge has benn passed order one of the bail applicant u can not ask anything under rti.this is right or wrong.what u people will do against of the judgement.i asked few queary but u did not reply.cuz u dont ve any judgement that if wife refuse to stay with husband then maint is zero.without degree of rcr u can not show even one.now u suggest gp for rcr then take 4to 5 yrs then wait one yrs then apply divorce.suggest easy process.earlier everybody respecting lawyer n judge now the people is calling legal - - -.so n so.i think u r not living in india or u r not going court.see lot of movie made for lawyers.prove me wrong i will be more happy then ur coumnity.

I really thank both of you Prabhakar & Sharmila.....and I really apologize for being a reason of conflict between you. I am not aware about various laws and thats why did not interfere between your arguments. I am really sorry to you Mr. Prabhakar and thank you from the bottom of my heart.

I request you Sharmilla Ram to avoid any such kind of conflicts.

However the bottom line is I am still confused about what to do next......as my lawyer tells me that you can file RCR if you want and is not suggesting a clear direction that this how we need to proceed. Moreover this lawyer got bail for me, my brother and father in 498a case and is a criminal lawyer.....should I hire another lawyer for 125 hearing?

PC,

First of all file the child custody, stating that your wife has abandon the child at your place. She will not get the custody of the child. This is important as she may then claim the kidnipping of the child to your parents. Aviod this situation.

 Secondly, for 125, you need to show that she was living in adultery. If you are able to prove the same, the maintenance will be denied. Since the child is with you the maintenance will be less, if she is not working. Otherwise it will be nil.

For 498a case, dont worry about your father, since there are ways to counter the same. The false case will not at all stand in court in long run. Since she has mentioned the dowry allegation of 50 lakhs, prima facie this is just the demand and is not coupled with the cruelty. So this offence is not of the nature of 498a. Also she told that she has bought 25 tolas of jewellary, then she has to show all the jewellary or the list. IF she fails to show the same, then you have won the 498a case. You can then file the case of divorce. I would suggest you not to file for the RCR as the girl who has filed 498a cannot be brought back to the home and you cannot start living with her as this will be living in fear.

Thanks all of you....In one of the thread, I read that one should start collecting evidence to proove you innocence in 498a case....In my case how can I collect evidence for my innocence.....?

1) As we both used to live together in Navi Mumbai and only my father used to visit us for a month or so once or twice in a year......How can I collect evidence that neither me nor my father / brother (who have never been at my house) have torchur her?

2) they are claiming that we have been demanding dowry from them...how can I collect evidence to prove them wrong as my father used to call at my home almost every day to talk to my daughter?

3) They have also put some other section like we were threating her of killing...how can I  collect evidence against it?

4) They are saying that they have given x, y, z along with 28 tolas of gold....from which x,y,z are correct but 28 tolas is wrong...how can I collect evidence against them? Moreover what if they provide a false list of jwellery or list which they have kept in their loker and never gave to me or my parents? ... How can I collect evidence against them?

5) What if their relatives, friends becomes their false witnesses....and says that we have demanded or done something in front of them or on phone ...then how can I collect evidence against them.

6) they have alleged me that I asked my wife to abort my daughter when she was preganant.....how can I collect evidence against it?

I would request each and every one of you to pay attention to these questions as there may be thousands in this forum who would benifit from these answers....

Moreover....my wife was having affairs with a number of people...and used to talk to them over phone (Prepaid)...She also changed her number 2 - 3 times over these years....and is claiming that I used to falsly harrase her on the charges of adultery...now her so called friends are not going to give me evidence or become my witness .... the other thing is as these numbers were prepaid I am not able to get the list of previous calls...though the last call from one of her frind is their in the call list of the mobile which she was using and which is still with me...how can I collect evidence to prove her audeltery?

Can any one kindly answer to above two posts of mine?