Eswar_Reddy (service) 03 September 2010

W 34 and Sec 3 & 4 of DP Act

My wife filed case against me, my father, mother & Brother u/s 498-A, R/W 34 and Sec 3 & 4 of DP Act in July 2009. I work in a private organization. I have one son aged about 6 years. All the witnesses are her relatives. At present case is under trial. Now they have the fear of losing the case. They are trying to compromise with elders and other side she is planning to put petition seeking husband back, but I don’t want to compromise and take her back.

Here are my questions;

1. Before she puts petition seeking husband back, is there anything I can do? Or can I file any case or petition?

2. When can I apply for divorce? After completing the case or immediately? (she left me in May 2009)

3. Can my parents or my brother and his wife file any case? (they are not staying with me, we all three are staying separately)

4. If she puts maintenance case, how can I face it (she works as teacher and earns Rs.2000/- PM and she has agricultural land of 2 acres. She stays in a small village)

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5 Replies

Deepak Kumar Vasudevan ((Confidential)) 03 September 2010

IMHO the most cruelest law in any country is dissolution of marriage. I would really like you to ascertain that if your marital accord is so much in shambles that you can not go along with it. In most of the cases it can be mutual adjustments and a wholistic family solidarity which is achievable.

I admit that this is a debated theory or proposition that I am giving and some 'divorce-loving' lawyers might not be comfortable with this approach. But each one has a different perception. We should strive to see if we can abolish this 'Divorce Law' itself.

adv. rajeev ( rajoo ) (practicing advocate) 03 September 2010

No other solution except filing divorce petition. Now also you can file the divorce petition. But you will have to pay the maintenance. You said your wife has got 2 acers of land, whether it is in her hame or in any other's name. iif she is the absolute owner of the land and she is getting income then she cannot claim maintenance because she has got independent income. You have to prove it.

Eswar_Reddy (service) 03 September 2010

Hi rajeev sir

thanks for advise.

her father has 8 acres of land, he has 3 daughters (no son), her share of land is 2 acres. they cultivate in the land and she works in a private school for Rs.2000/- PM.

pls suggest the below.

1. on what grounds i can apply for divoice.

2. can i file any RCR (Restitution of Conjugal Rights)

3. i stay in bangalore & she stays in andhra pradesh (150 Kms away from banglore)

4. i get salary of 30K, (which they dont know my where abouts), what will be the maintenance amount?

please help me.

regards

eswar

bathegowda (law student) 04 September 2010

under the crpc 125 section ,your wife is eligable for maintance of life , undre the laws , if your wife working and well family economical background less amount to pay to her , and some time not eligable to pay to you , that is defending family background and dont say what is your slary to her , you send to before any legal notice to her you should mention on the legal notice to show to 4000/-only ,

if her allredy put to dowry case please following steps u can follow, strong case for u

To make your case stronger and to expect an earlier settlement file counter cases against her to give her a taste of her own venom.
Below is a list of counter cases.

32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation),
200 (examination of complainant),
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant),
250 (compensation for accusation), 306,
321 (with drawl from prosecution),
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation),
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation), RCR
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to " protection officer " and lies that you abused her "physically, emotionally or economically", file a damage recovery case u/s 9 of CPC against her. Legally, you must issue notice on the same day or next day. The suit will continue for long time. It has no risk.