Hi Respected Experts,
I have been facing false 498a, Dowry Prohibition, 323 etc. cases filed by my wife in influence of my in-laws since Feb-2010 after about 4 years of married life and has 3 year old daughter who is currently with my wife on pursues.
I, my brother & father have got regular bail for 498a case and charge sheet has been filed in March-2010. My father’s name has been removed from charge sheet and we have not yet received summons for trial.
Wife and my in-laws are demanding 10 lacs to be deposited on wife’s name for coming back into matrimonial life (FOR DIVORCE THEY ARE DEMANDING EVEN HIGHER AMOUNT) and saying otherwise they would file DV case against my family.
In CRPC 125 case which is filed by wife for only her self (as my daughter was with me when she filed the case and now she is with my wife on pursues only and not any final custody given to my wife) and in that she has claimed that I am earning 50000 p.m and hence she should be given 25000 p.m as maintenance. She has filed affidavit full of lies in the last hearing and in next hearing my lawyer is going to cross examine her.
I have below question regarding these and would appreciate if some expert can enlighten me with their knowledge.
1) Wife has not filed for any interim maintenance but final maintenance of 25000 p.m. and even not submitted any proof of my income where as I have submitted proof worth around 33000 as my expenses and also that I am a heart patient and have had two open heart surgeries and currently on medication. In this regard, would the court ask me for my income proof or my wife would have to prove the income before getting the final judgment?
2) Even if I accept that my income is 50000 p.m (I get around 43 to 45K after taxes), then considering 33000 as my expenses p.m, what would be the amount which court may find fit to grant to my wife alone (as my daughter is not a party in this application)?
3) I don’t want court to order income tax department or my company to release my income details and hence should I produce my salary slip my self or wait for the case to reach a particular stage?
4) I have said in my reply to her petition that I am willing to take her back even after such malicious cases on my family, would the court ask my wife to prove the allegation made by her in her complaint or simply affidavit is sufficient for her to get maintenance?
5) In next hearing my lawyer is going to cross-examine her, what would be next step after this date and how long it may take to get final judgment?
6) She has not filed for any divorce or recovery suit (however have claimed false amount, articles and gold given to me at the time of marriage). What may be their intentions or this recovery and divorce would come in 498a hearing?
7) Can I ask the court to ask her to come back or ask her to prove the allegation or to agree for divorce?
8) We have hired a trustful lawyer for 125 crpc who is known to us. However the criminal lawyer who got us bail in 468a case was different. Should I continue with this known lawyer or should hire criminal lawyer when 498a starts?
Thanks in anticipation to all learned members.
