Safety by false 498a and DV.

You can't do anything if wife lodges cases you can't stop...the recordings can be used as defence evidence.

If she doesn't want to live with you and continue the marriage, better give her divorce after giving a prior notice to resume conjugal relationship with you.

As far the DV case is concerned that will make you liable for paying maintenance to her and providing place of residence at your cost separately if she refuse to live with you.

As far section 498A IPC etc. case for dowry demand, cruelty is concerned that she has to prove with sufficient evidence which in most cases fail and the wives doing it are big losers.

firstly if she has made complaint against you in police station, then all the recordings and videos you have make it part of the investigation, provide the same to police officer so that he can be able to file closer report .

if the police officer take all the prrof you have than you can argue on charge for discharge.

moreover file an divorce case  and prove it that she has left your company with her own will.

Regards

Jaspal S Maini(Adv)

9999987283 

Dear Shahzad Khan

If there is no option left to you to live with her then due to her bevaiour and threaten to you and your family, you may pronounce divorce to her by way of Talaq-E- Ahshan, in front of two Muslim Adult male person and send a written Talaqnama to her along with three months Iddat Period Maintenance and Mahr, (if not paid) by way of Cheque or Demand Draft or By Money Order.

Now My opinion on your queries are as under:-

1) If she claims for maintenance then how much I have to pay? (My salary is 14000 pm but she doesn't have its prove. If I show less amount I.e 7000 )

Opinion:- 1/3 of your income can be granted as maintenance if she is unable to maintain herself, or if you proved before the court that she left your company without any sufficient reason then the court may reject her maintenance but you have to pay the maintenance to child.

2) I never beaten her (only 2 thappad mare gali dene par)if I tell so then D.V is proved?

Opinion:- It is her duty to proved her case without any reasonable dobut hence no need to worry about any DV case, in DV case she can claim residence order or alternatively rented accomodation from you, nothing else. so wait and watch and the recordings will be helpful for your defence.

3) I never asked her or her family for dowry although I have given money to my father in law as borrow and I asked him for my own money. I have all call recordings of this.

Opinion:- It is best defence for you, if you proved this recording then you may get an acquittal order from the court in 498A case too.

4) In D.V, 498A CASE hearings it is necessary to present all family members?

Opinion:- No, the advocate can appear for them.

5) When D.V 498A is proved?
Opinion:- After completion of evidence and firstly the burden of proof is upon her and not you.

Feel Free to Call

Nadeem Qureshi Adv

9953809956, 9899686394
Read more at: https://www.lawyersclubindia.com/forum/Safety-by-false-498a-and-DV--155698.asp

Very well, explained by Nadeem Sir..nothing to add now...

Regards

Jaspal S Maini(Adv)

9999987283