I was NRI at the time of marriage, got married in India & took my wife to Dubai, things were good till 2 months, one fine day my wife was not found in my apartment when I returned from office. I searched her all & enquired about her at her home in India over phone, and then they informed me that she was coming back to India. Later I came to know that the air tickets were sent by her elder sister’s husband. Immediately I returned back to India and tried to reconcile the matter but her father was not ready to sit for the meeting. By this time I got an appointment to London.
After this she filled a 498a case against me & my parents, I was called back from London by the police who were under her pressure. Then a meeting was organized, at this time her father did not bring her to the meeting but instead he & the husband of her elder sister demanded 15 laks. At this moment also they did not reveal the correct reason or you can say a genuine reason. I chose to contest the case, for this reason I had to resign from my job. After fight in case for 2.5years long I won the case. In this it is established that she came to India without informing me, the tickets were sent by her elder sister husband, Her returning to India was only known to the husband of elder sister even her parents were not knowing about it, she lived happily with me in my native place & in Dubai, I was forced to resign from the job by her & I lost the job because of her. She could not prove any of the allegations made on me & my parents.
During this course of time she filled cases for maintenance 1 in Criminal case where she demanded maintenance of Rs 75,000/- and 2 in civil case where she demanded maintenance of Rs 30,000. In both the cases she is not able to prove the allegations of cruelty & desertion; even she is not able to prove my monthly income where I have declared as un-employed. I have registered a case of RCR.
As I have mentioned earlier I have won the case of 498A (I have the certified copy of the judgment), I have filed RCR case in family court which is under process, my wife filed 2 maintenance cases under section 125, one in criminal court & other in civil court, the one in criminal court has granted an interim maintenance of Rs 500/- PM & in the other she has not asked for any interim maintenance. Both the cases are under process.
Now the situation is she has filed another case in criminal court under “PROTECTION OF WOMEN FROM DOMESTIC VIOLANCE 2005” against me, my father & my mother. And asked for maintenance of Rs 15,000/- PM or permanent alimony of Rs 15 Lakhs.
The subject matter in 498A, Section 125 (both cases) & PWDV cases are same, the allegations made are same with some additions. She has mentioned in PWDV case regarding 498A case, 125 cases & RCR case.
The sections under PWDV mentioned are 12(1), 205, 20(3), 20(5), 19F.
My Quarry’s are:-
1. What should be my stand at this situation, I received the summons & only my father appeared in court on the mentioned date & requested for time to submit Wakalat which the court accepted.
2. Is my wife entitled to ask for maintenance from my parents?
3. The interim maintenance granted is under section 125 by the criminal court, is she entitled for additional maintenance under this PWDV in other criminal court, (both the courts are at same city). The interim maintenance is been regularly paid & she is accepting the same & acknowledging in presence of the Judge.
4. If she is entitled for additional maintenance, what shall be the quantum, as she has no proofs of my income.
5. In what method or way the case/application can be dismissed without paying anything to her. Shall I approach the High court to get a stay on admitting this case?
Please advice me as it is urgent.
With Regards
Sagar
