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avinash (engineer)     12 October 2012

Need direction in 498a & divorce

I am working in pune (native: Belgaum) would like to state some events before I post my queries.

* Married in June, 2010 without dowry.

* My wife (an architect n working) deserted me on 30th Oct, 2011 (from pune) and went to her parents’ home (Belgaum).

* My wife was pregnant with 6 months baby and she aborted on 18th Nov, 2011.

* On 11 Dec, 2011 filed 498a on me and family members. She mentioned in FIR that I kicked her on her abdomen and that’s why baby died. And many more hypothetical allegations including dowry. My family members got AB and i got regular bail.

* They along with police tried to pressurize me for out of court settlement but I didn't bend to their demands.

* In Feb, 2012 I filed divorce petition. She claimed for interim maintenance and court ordered Rs.7500 pm though she was working. I couldn't get any income proof as she was working on casual basis in small company.

* I didn't agree to pay her the maintenance stating that she is working and she asked court to stop divorce case.

* In July, 2012 she did engagement with some other guy secretly and now she has applied for recovery of maintenance.

* 498a is started in court now.

 

My queries are...

1. Should I pay her maintenance and proceed with divorce petition or should I close the divorce case and wait till she apply for divorce. What are consequences in either case?

2. Is it okay to divorce her and let 498a run and prove myself innocent and then file case on her for defamation?

 

Need your valuable inputs.



Learning

 9 Replies

stanley (Freedom)     12 October 2012

As regards to Divorce who is desperate and who wants to remarry would be the question to be answered first . As you say she is in a hurry to get married as she is engaged secertly she would succumb to your pressure and maybe even opt for a mutual divorce which is faster that is if you have the patience ( and can play mind games ) either not to marry or you can wait for some period of time to remarry .

As regards to interim maintanence you would have to pay . You can easily hire a detective and get to know where she works as she has conveyed to the court that she is not working .It is an act of pre- jury .

 

with reference to the FIR the incident is narrated to the police the date time and place where it happened . If it was on the same day than did the police send her to the hospital for a check up and what does the doctors report state .Everything would depend on that .

avinash (engineer)     12 October 2012

Your points make sense. Well, I am not desperate to remarry and as you suggested  I will wait for sometime. My lawyer suggeseted me to withdraw divorce petition and let her wait for the divorce.

When she aborted the may be I was 400 km away and I have a proof that I was in different city. I do not have any doctors report with me and she aborted the baby without my knowledge.

stanley (Freedom)     12 October 2012

Thats great that you have a proof that you were in a different city . As your case proceeds further you can call for the doctors report  even summon the doctor for cross examination to bring out the truth and later on produce your proof that you were in a different city . so their false allegations would come to light :)

Raja (XYZ)     12 October 2012

1. you can proceed for a divorce.

2. you can exibit the bank statement of her wherein her income from salary may available or approach to her employer by several legal means to disclose her working condition, which will take effect in your maintenance case.

3. let the 498 cae go as it is.

4. think about defamation after winning 498.

feel free to contact me if required. good luck.

stanley (Freedom)     12 October 2012

Originally posted by : Raja


1. you can proceed for a divorce.

Whats the point who is desperate has to be concluded first ??

2. you can exibit the bank statement of her wherein her income from salary may available or approach to her employer by several legal means to disclose her working condition, which will take effect in your maintenance case.

He does not even know her employer so the ultimate is to hire a detective .Even if CRPC 91 is filed whats the use she has to atleast convey to the court that she is working than only can this be applied .What are the other legal means can you specify ??


3. let the 498 cae go as it is.

4. think about defamation after winning 498.

feel free to contact me if required. good luck.

avinash (engineer)     12 October 2012

1. you can proceed for a divorce.

Interim maintenance is 7500. She is interested in divorce but she is taking advantage that i applier for the divorce. She wants maintenance money and then divorce. So, how about withdrawing the divorce case as i m sure that she has done engagement and won't wait longer.

2. you can exibit the bank statement of her wherein her income from salary may available or approach to her employer by several legal means to disclose her working condition, which will take effect in your maintenance case.

I know where she works. I followed her many times with my friends and found out where she works. I also met her employer directly. He said she was working on casual basis so no employement agreement between them. She is an architect so architects work individually.

stanley (Freedom)     12 October 2012

Originally posted by : avinash



I know where she works. I followed her many times with my friends and found out where she works. I also met her employer directly. He said she was working on casual basis so no employement agreement between them. She is an architect so architects work individually.

if the employer is willing to disclose into which account ,bank name her salary or pay is being deposited .you can all for her bank statement through the court . Didnt your lawyer convey in his argument that she is qualified ,was working and is capable of working .?? he could have easily argued ?? lot of judgements where maintanence has ben denied on these basis 

avinash (engineer)     12 October 2012

My lawyer argued a lot about she being educated and working but judge told though she is qualified and was working in the past, presently she doesn't have any income source. he also mentioned about increased cost of leaving. i later realized that the judge was biased.

Raja (XYZ)     12 October 2012

collect and produce some evidence of her job engagement, salary etc.


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