False 498a case filed by wife and appealing for maintenance

even if marriage is declared null and void , wife is entitled to receive maint under dv act and even under sec 125 of crpcode 1973.

 Penalty for getting married. This is the result of aping the west.

Hi, Wife has right to ask maintenance as long as husband neglected her to maintain at the same time wife does not have means to maintain her. Filing RCR tells that husband wants wife. Now if wife say there is reason for staying away from husband,if proved maintenance should be paind to wife. If wife stay away from husband without sufficient reason husband no ned to maintain her as per CrPC-125. Also if wife has menas to maintain herself (has income source) then also husband can deny paying maintenance. Yes it appears that indian law is trying to destroy women by destroying men. Of course first is men then women will die.

Everything depends upon IF.

Thanks Hardik. I have done the same. I have moved my case for quashing to Kolkatta High court and got a stay from High Court. But how can I prove in the Kolkatta high court that she has left my house without any sufficient reason????

 

 

 

 

"Yes it appears that indian law is trying to destroy women by destroying men. Of course first is men then women will die." - What a fantastic expression. Like - Cream of the milk.

"how can I prove in the Kolkatta high court that she has left my house without any sufficient reason?" –

You already know that according to sec 125(4) No Wife shall be entitled to receive an allowance from her husband under this section If, without any sufficient reason, she refuses to live with her husband. She must have shown some reason in her crpc 125 case, why for she left her matrimonial home. Chese that point. Prove it (this plea) false.

Actually it is the job of your advocate not you.

 Advocate does what client says. He can't manufacture evidence. His articulation of arguments is no substitute for hard proof and evidence.

Arup, my wife has made allegations of mental and physical cruelty and she had also moved a private petition to SCJM under 498a for which the congnizance has been taken by the Hon Judge. Though I have moved to high court to fight against this case and got the stay from the Kolkatta High court for the same. But now she is asking for Interim Maint. and my lawyer is saying that the court is going to grant interim maintenance to her. My lawyer tried to put forward this fact that my wife is well educated and she can maintain herself before the court. I dont know why he is not proving that my wife left home without any reason and her only motive is to extort money. Kindly give suggestions what to do in these circumstances. Is my lawyer going the right way to fight the case? Do i need to change my lawyer?

Ramesh, do you really feel after seeing the indian jurisdiction that filling defamation case against her will really benefit me???

Muniratnam, Why should i file RCR? For a girl who have deserted her husband, who made all false allegations against him and her in - laws? Do you really think one should even think about staying for a single day with such girl? Boss, I am not a GOD who will forgive this all.

1) "Why should i file RCR?" - you are right. no use of it.

2) defamation case may be filed, but not as a civil, but as criminal case u/s 499 & 500. It will not harm to you, on the contray it will creat pressure on your wife.

3) "my wife is well educated and she can maintain herself before the court. I dont know why he is not proving that my wife left home without any reason" - The point  'well educated' is not sufficient here, you have to prove that ' she left the matrimonial home without sufficient reason.  In her prayer, she must tell the reason under sec 125(4) crpc, if she not yet done bring the matter in writting before the court of 125. Might be that, the judge is confused in the matter of 498a and taken it into granted that, cruelty must be there and that's why she left her matrimonial home.            (contd) ...

'your stay on quasing the 498a petition' - bring this fact before the court of 125 crpc. you must got the chargesheet of 498a; find out what are the complains of her. prepare yourself how you will cut her  - those charges. bring it to the notice of the court of 125.

might be that hereing for 125 already done and next date court will decleare the amount. please do not wait upto that time. once maintenance decleared, you have to go to high court again for stay on maintenance. therefore it is better, to file an interim prayer/admission, stating the stay on 498a; and the logic against her complains of 498a.

regarding change of advocate, if the same advocate brought stay on your favour and he appears on 125 also, then it will not be wise to change him. but if the lawyar is different then ask him to bring an interim admission immediately. you will understand the matter.

however do not late anymore on 125 case. if you face any problem send pm to me. thanks

Trial of 498A, defence in Section 125 Cr.PC, Domestic violence Act etc. are not laws, these are mockery of laws. A person must not bother much to defend themselves in court of law, as whatever is done there is not justice, it is mockery of justice.

These laws are required to be fought on streets, in ballot box, in discussion forums, on public opinion. The changes you see in court opinion/government opinion has not come from astute arguments in court of law or through some brilliant discussion on the floor of parliament- it is humble masculist activists who has brought these changes. But lot more is required to be done. Society never changes in one day. 

 The bottom line is that the husband goes to jail.