Sushant 12 July 2016

False crpc 125

I got in marriage as per HMA on 26/01/2011 in Kolkata,Since marriage I have been living in Kanpur on Central Govt. Duty (I am a Senior Scientist in Ministry of Defence working on critical Defence weapon system and a honorary Fulbright research fellow) with my wife while my aged parents live separately in my Kolkata residence. On 20/10/2014, a male child born out of wedlock. Soon my wife left Kanpur on 21/11/2014 and started staying with her parents in Kolkata despite several objections from us. This two years neither she returned here nor she went to my Kolkata house to stay with my parents. Now she has recently pressed several fake n baseless charges against me and my parents to harass us filing FIR u/s 125 CrpC. I have a few questions to get me clarified.

(1)During marriage, wife's father gave golds to me and wife both w/o any demand from us and out of his own will and capacity. Now they are claiming we demanded that from them.How to counter that?What if they keep their family members as false witness?
(2)They are falsely claiming that all furnitures in my Kanpur and Kolkata have been purchased by me but they gave me the lakhs of cash for it. How to counter it as they claim it as a cash transaction?
(3)They are claiming we abused the wife for not bringing dowry while we were always against the dowry and it was the foremost condition we kept during marriage before them though verbally.How to counter that we didn't ever think to torture her?
(4)She has claimed that during her 4 years stay, I have never brought her any food, veg, rice, dal, fish, chicken, milk, fruit and she had to beg from neighbors. Can I produce my daily home expense diary which I have maintained since 2011 as evidence where it shows how many Kgs of fruits and milk I have brought home?
(5)She has claimed that I have not arranged any maid for her in my residence while the fact is I paid 20000 rupees for a permanent maid per year. Though I have no bill receipt from maid to prove that. How to counter? It is not possible to call maid from Kanpur to Kolkata as witness. Can I get her signature on receipt of the above money on a bill/stamp paper on that account?
(6)She always threatened me to dire consequences if I dont keep myself away from my parents and used to insist me to live with her parents as and when I visit hometown instead of staying with my parents. Last 2 yrs of her stay she never visited her matrimonial home in Kolkata despite several requests and denied my parents every access to their only grandson. She always used to threaten me of 498A/DV if we dare to bring her to our Kolkata house to my parents. My dad (age:78) and mom (62) became patient of heart due to her trouble and tremendous shock that last two yrs they hv not even seen their grandson. My wife threaten me of filing mental torture u/s DV/PWDVA2005 which is also applicable on phone conversation. I got scared to save my govt. job and stopped all communication with her. But I have sent Rs. 120000 to her account for her expenses.

Now my wife is saying that we neglected her and her son. Actually it is the extreme fear of being sued by 498A/DV/PWDVA/406/506 etc. that compelled me to stop visit/communicate with her just to save my job and my aged parents from police atrocities.
Sending money every month to her account without any court order/compulsion: doesnot it prove my concern about them and their needs?? Doesn't it show that I didn't neglect them. Please help
(7)She has brought false charges against me of an affair and involved an unmarried trainee girl unnecessarily. She has claimed that I have illicit relationship with that girl. While the fact is that the girl worked under my supervision for her M.Tech thesis only for 6 months. It was a completely professional relation though I gave her lift in my car on the way and went occassionally to caffe coffey day/Dominos. Does it qualify me for illicit relationship? The girl left Kanpur on Jun 2015 to another state on central govt. job and staying there permanently till date.

Can my wife summon witness to that girl from Mumbai to come to Kolkata and can she harass her or her father/mother to bring pressure on me? I want to avoid these embarrassment. Pls help
(8) My wife has claimed that after delivery I have thrown her out of Kanpur residence and I arranged ticket for her. When the fact is that I strongly opposed it as it was cesarean delivery and baby was 1 month old and it is his parents who booked the ticket in Kolkata. It's a station ticket from Howrah station. I always use IRCTC for any booking. How to prove who has booked the ticket.

(9) My current lawyer is saying that I have to pay maintenance to my wife even if it is conclusively proved that all the allegations are false and it was a fake criminal case. Is it true??? Can I count on my lawyer? Or should I change my lawyer?

(10) My wife is not working and is having a 1.5 yr old son. What could be the maximum amount of interim maintenance for both of them if my take home salary is 50000?

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3 Replies

Khush 12 July 2016

Well, there is no FIR under crpc 125. crpc 125 applicaiton is filed in court only.

1. well if she took all her gold with herself, just tell that she has taken all her instridhan with her. and whatever is with you, make a list, and tell them these items have been gifted by them, and i am ready to return anytime.

2. well, it is one of general allegation made by inlaws that they gave lakhs of rupees to husband, dont take any tension. you just deny this allegation, deny, deny n deny. I am sure they do not have transaction proof showing lakhs of rupees transferred to you. As you are govt servant, you know if some one claims giving lakhs of rupees, there must be a transaction on record.

so this allegation of theirs doesnt stand.

3. well, this is also one of general allegation. just keep ur cool. just deny, deny n deny. I am sure they do not have any proof that you have ever demanded any dowry. how can she prove it? and its over 2 years that she left you. 2 years separation period is long period n is positive for you.

4. well all wives say that her husband used to keep her starving. well if you have daily expensed record, its great. This allegation of wives never stand. so you need not worry.

You must be having photographs of your happy times. you can produce those photographs too, make multiple copies of the photographs of happy times during her stay with you.

5. a husband is duty bound to maintain his wife, at the same time a wife is duty bound to fulfil her matrimonial obligations. These duties involve cooking n caring for husband.

She can not approach court if her husband does not keep maid. so do not worry again. just tell that you had already had maid. (remember she can not force husband to have maid)

6. because you are working in kanpur since your marriage, and kept your wife at your official place of posting after marriage, therefore, she can not file domestic violece against your parents. Because she is staying at kanpur, and parents at kolkata, so she is not sharing any household with your parents. If she files dv against them, it will not stand at all.

Also, domestic violence against you will also not stand, because its over 2 years since she got separated from you. so during tehse 2 years there is no sharing household relationship with you.

and 498a, if she gives applicaiton to police after 2 years of separation. police now has to do a proper investigation. She has to produce VAT bills of dowry articles, etc to police to prove her part,, i am sure she will not be having any VAT bills of golden articles she claiming to given to you. if she approaches police, just cooperate with police,

remember in 498a cases, the onus of proving is always on wife. if she claims huge amount of cash given, or fake jewellery list, she can not prove it.

You have sent 120000 to her account, take that proof handy with you always. If she files police complaint, just produce that before police and say that you are paying them money.

yes if u sent money to them regularly, just take a statement from bank with u handy. it is positve (emphasis supplied) for you, court will also appreciate it.

Remember every wife gives such threats to husbands. your job is secure (emphasis supplied).

7. no never. she can not prove ilicit relationships based on ur query. dont wory.

8. if u hv given the delivery expences, just keep all medical expenses record, hospital bills etc. make multiple copies too. no need to worry about ticket, just say she wanted to visit her parents for few days, and i have waived her off and she had promised me to return on so and so date.

9. Yes, a husband is bound to maintain his wife. But, if wife is having professional qualificaiton, having any past experience and has left the company of husband without no reason, then court can deny the maintenance. Just fight hard.

10. your total home salary is 50000, you can show your liabilities towards ur old parents, any other expenses, and bring down take home salary further.

well court depending on your condition can fix 10000 to 15000 per month total for ur wife n son.

Well in the end i will like to give u few suggestions:

1. never give any original documents to your lawyer.

2. if lawyer says, u can file such n such case, do not file any case first. just wait and watch the opposite party.

3. start collecting all proofs, transactions, bills, photos of ur both happy moments, etc ,

in the end remember, you have strong point that u paid regularly to them even after separation. with your proofs you can minimize the amount of maintenance definitely.

and in the end do not get frightened by their threats. 498a, domestic violence will not stand at all against u...............just fight for truth. truth always prevails. your job is safe like a rock. dont worry on that front.

1 Like

(Guest)

Excellent response! One of the best I've seen in any type of forum. Could help many abused husbands. Hats off to you Khush. May God's blessings be with you always.

Mukesh sharma (job ) 13 July 2016

Hi susant their if not passsed order by court than you stop to pay any money to your wife and if she claim for any maintaince than she need to file for maintaince case section 125 in court after all condition court decide maintaince fund will be payble monthly

and as you say that she is blaming to you for extra matrial affiar than she need to proovit all

you take help local lawyer he help you in your case

thnks