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Madhan (engineer)     01 July 2010

Need help to understand law

I am married to a girl who was not interested in marriage but due to pressure from family we ended up married.  We have filed a mutual divorce case and it is in court now.

But their family members have filed false dowry case against me & my family and they are bargaining for money to complete the divorce procedure.

They are more interested in money and want to gain whatever possible from me.

Please let me understand how a court will order for compensation in such case.  Is it possible for court to verify my salary since i work in private company.  Please let me know ur suggestion.



Learning

 3 Replies

virendra (others)     02 July 2010

respected sir;

i virendra gupta resident at 345, sharad nagar tarsali road vadodara - 390009 gujarat. my wife's name is uma rajaram vaish. resident at 2, malipura ujjan.  i was get married on dt 8/12/1997. after three months she went to her parents home. after that she had done the maintainance case i.e. 125 in ujjain court. in that case i won the case and maintainance of 1400/- rs per month was get cancelled. after that she had done the appeal in indore high court for the maintainance of rs 3000/- per month in the year 2003. in that case the decision was came on dt 17/7/2009. the judgement was that rs 5000/- per month i have to pay to my wife we do not have any child. even she is a permanent government teacer in ujjain and i do not have any source of income. how can i give the 5000/- rs per month to her and her salary is rs 8161/- per month. since last 13 years we are leaving seperately. now she has done the case in ujjain family court under section cr.pc 128,9. in the 128 act under section cr.p.c. 125(3) judge has given the decision that on 12/7/2010 i have to pay the amout of maintainance of rs 45000/- which is pending otherwise the court will give decision to go to the jail please suggest me as soon as possible before the 12/7/2010. she has also done the case under section act 498 & 406 in the lower court of ujjain.and i have done the case under section cr.p.c. 127. but the decision under section 127 is still pending. please help me and tell me that how can i come out of the decision of under section 125(3). what can i do on 12/7/2010. please reply me urgently i request you.

Arup (UNEMPLOYED)     02 July 2010

LAW OF MAINTENANCE, PREPARED FOR NEEDY PERSON; BUT TODAY, A SECTION OF WOMEN AND INLAWS USING IT FOR THE PURPOSE OF BLACKMAILING THE HUSBAND AND HIS PARTY.

 

PRESENT LAW OF MAINTENANCE SHOULD BE CHANGED.


(Guest)

For Madhan:

1. With MCD both of you might have filed an Mutual Agreement ot settle all issues past,present and future including Dowry case. In that Agreement terms both of you might have mentioned when (during first motion or before second motion statement or at the time of passing Decree) the Dowry case is going to be quashed?

2. In MCD Court does not Order compensation. It is the parties which agrees to such compensation terms and present a Joint petition to dissolve their marriage under S. 13 B HMA.

I suggest ask your ld. Advocate what was thre application put and what are the agreement terms therein. I feel if it is MCD that you two have put in and FIL / family askign more moneyrama then somethign is missing here.

Rgds.


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