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Saptarshi Paul (Advocate)     30 May 2011

CRPC-125

Story of My client in his own voice :- I am Engineer and i have been made accused along with my father,mother brothers u/s 498(A) of the I.P.C. and 3/5 of Dowry Act as on 14-Dec-2010 in police station.My wife is lecturer and her father is also DY.S.P where I was staying along with my wife. Our marriage was solemnized on 29.01.2008.Out of the aforesaid wedlock we have been blessed with a daughter on 28.11.2008.Allthough at that time she was in her natal house but the expenses incurred in delivery amounting to a sum of Rupees 17255/-(Seventeen thousand two hundred fifty five rupees only) was paid by me to my wife vide cheque That on our marriage many gifts were given by both sides including relatives and friends. I clearly state that neither any demand of dowry was made by me or any of my family members either before the marriage or after the marriage nor anything was given to me by my in-laws as dowry at the time of my marriage or thereafter. That after the marriage we started living together on a rented house.My father- in- law used to visit us frequently and advised me to buy a flat or house of my own and he promised me that he would arrange some loan if required.That thereafter suddenly one day my father-in-law came and gave me cheques of Rs, 2,00,000/- and asked me to keep the amount in my account for the purpose of purchasing a house. Although I denied accepting the same at that time but he told me to deposit the amount in my account and use whenever required. I deposited the amount in my account and is still kept as it is, however I am always ready to return the amount anytime, if asked to do so.That my father is 60 years and stays at our native place not with me along with my mother aged about 57 years and my brother.My brothes are also engineer is employed at some other places.None of them ever visited to us after marriage at our rented house, their attendance in their respective company/department is evident to their presence at their respective place. As such their indulgence in the present case is fabricated and baseless one the only motto behind this is to harass my entire family.That after few months, my wife started quarrelling with me on trivial matters and also putting every now and then new and costly demands on the pretext of maintaining their high status, for which I was not ready. They were also trying to disassociate me with my family members and when I did not co-operate with them, my father-in-law threatened me to implicate my entire family in false cases as because they belong to police family and for them it was very easy. That there cruelty upon me went to that extent that my father-in-law and my wife both beated me with fist and slaps in my house but I kept mum due to fear of Mr. D.S.P. on 4-Octomber 2009 my father –in-law forcibly took my new Indica Car being No. JH-01U- 6430 which I purchased through financer in the month of January 2008 and is presently being used by him.In the statement of F.I.R. about the payment of house rent by her is a false one and she also mention to determine the s*x of unborn child and also hit the abdomen of her where upon the water bag of her leaked she was refered immediately to Doctor.I used to pay the house rent by cheque.Since my wife was pregnant and in my rented house there was no one to look after her, my father-in-law took my wife with him to her natal house on 12-Nov-2008 and only after the delivery of the child she came back and joined me in the month of march 2009 and this fact has already been revealed by her in the F.I.R.That all the allegations made by my wife are baseless and bundle of lies and also the dates are fabricated one which do not corroborate with any of the medical documents submitted by her. After filling case first supervision report come by respective Dy.S.P in which i was only accused.Then Civil court issue warrant aginst me.Then i apply A.B.A in lower court but lower court cancil my A.B.A.Then i moved to HC.HC order notice to opposite party with reason why A.C.P not granted to me and give order to police for not arrest to me until this case is hearing in the HC.Advocate of OP appear next date.Then court called police diary on next hearing date.By pressure of my father in Law(who was Dy.S.p in other departement) second supevision report issued by City S.P in which i and my parent made accused.Then i apply A.C.P for my parent in civil court,Civil Court reject A.B.A my parent.Then moved to HC of parent bail.HC court give bail to my parent.My bail was pending in HC.In second hearing date Police dairy come in court in which tratement doctor(which was mention in FIR) do n't support this type of allegation.Then i got bail from HC after keeping bell bound of 10 lacs.Trailof this case is going on. After some months she filed maintenance U/s 125 of Cr.P.C.But she is at all not maintainable either in the law point or in the facts of the case. That the petitioner no.1 is at all not entitled to get maintenance U/s 125(1) (a) of the Cr.P.C in view of the fact that she has sufficient income and is able to maintain herself. She is well qualified/experienced permanent lecturer with doctorate degree. she has admitted that she was maintaining herself and opposite party out of her income and then also she had a good saving. The averments made in the case of Crpc 125 is maintenance @Rs.40,000/- per month.I have left my previous job and place due to being harassed by the petitioner and her father who happens to be Dy.S.P. I have lost my previous job.I got new job in other place and other state.By help of my friend she have know my new employer name and place.She vised in my new office along with her cousin brother who is inspector in police department for getting my salary details for putting in faimly court.But she could not got. Then her advocate request for issuing summon to our HR for getting salary. But this is pending in the court.As per maintenance case i am getting 20 lacs per annum,3.5 Lacs from my Tata sumo,8 Lacs per annum from rented house and agricluture land.On this income she is demanding 20k per month for him and 20k for my daughter. Already two PW1 and PW2 has passed but no any proof has submitted of above propety.Already i am getting hansome salary nearly 2.5 times greater than my wife. Just after the birth of my daughter,for her better prospects and future the i got an L.I.C policy purchased for a very huge amount (Maturity Value more than 20 Lakh) in her name for which an annual premium of Rs.37K.My wife and daughter is medically insured from Oriental insurance which premium is paid by my latest employer.All policy no i have submtted in court.I am also paying EMI of tata indica which is using my wife. .Already i habe mention my wife is permanent leacturer with doctorate degree along with UGC NET and JRF qualified.I have completed on engineering degree.Inspite of this court will allow maintenance. I am requesting from team for providing good judgments for getting justice.Already i have decided i could not continue my life with this type of lady with her faimly member.


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 1 Replies

Tajobsindia (Senior Partner )     30 May 2011

 

 @ Author 

1.
There are several Judgment from SC as well as views of various HC's published in Judgment forum section and or Family Law forum section. Some of them are quite similar to facts in your clients presented briefs.  Some are persuasive and request to search old links since Dec. 2010 and you are bound to stumble upon them. 
Off the records: I have noticed with filing of 498a by various srimati ji’s the fortunes of soon to be ex husband rises by 2.5 times which is national average. Well I am just making an observation based on experience in similar nature cases and not commenting on quality of your client and to me it is a healthy sign of a persons growth behind whose reason is yet again a women
J

 


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