LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

VICTIM2015 (NA)     09 October 2015

Urgent help to fight 498A, Maintainance DV and 125

Me & my famliy member are facing the complaint of 498A and maintainance under DV and 125

 

I have a KID of 1 year also which is with her and my wife is in her native & we dont have any connection from last 10 months.

 

Earlier in 2013 also she files 498A, 307 etc which got closed during mediation as i took her with me at that time.

 

Below queries on same:

1. What should be my stand during the MEDIATION court which helps me in cases further as she is of CRUEL nature & i dont want to be with her any more. If possible pls specify some common grounds.

2. Do POLICE have any right/power to discharge from 498A during chargesheeting by anychance if no evidence during investigation found?

3. When the Interim maintainance will be decided in which case DV or 125 or both? and decided based on what parameters like salary of husband etc ?

 

Thanks in Advance 

 

 



Learning

 21 Replies


(Guest)

Marriage is not fun for boys. It is better all men learn this fast. Dowry, pampering, good s*x life all free.Then kick out the wife.

That is what is going on in India.

The cost of breaking marriage in India is much lower than in Western countries

Your query clearly shows your typical male mentality and trying to wriggle out of responsibilities. Your foul language for your wife is shocking. It is time for you to do soul searching and rectify your mistakes . Change you behaviour.

Maintenance can be granted under DV Act/125CrPC and by family court . Ofcourse family court decree is above others and the latter are merged in civil decree finally.

You should sort out your differences with your wife, drop your ego and dirty habits what ever they are  , ask some one to counsel you both. Dont spoil life of your kid particularly if infant is girl child.She will never pardon you. Dont spoil her normal growth and childhood. 

What is happening in India today is shameful. TV,Cinema, internet, modern lifestyle and too much money young guys are getting have spoiled their thinking.

Lawyers cant help you much as you both have to understand your responsbilities.Lawyers can only watch your legal rights.

If you want to get rid of your wife you have to be ready to pay heavu cost for that financial as wellas social and personal.Dont take marriage as fun

2 Like

fighting back (exec)     09 October 2015

wow. it seems mr gupta has judged the author of the post even before the judge has decided on his case...

@gupta....please dont presume and assume things and give your opinion. the author thas asked opinion on a particular situation. that doesnt mean he is guilty..


(Guest)

Mr Fighting back. Please give your own valuable opinion to the querist.Dont cross advise me the other member giving his opinion. No manners these.This querist has already undergone previous mediation and his wife did compromise with him. But it is typical caseof male ego and some bad attitude this guy appears to have.he should havelearnt from previous episode.

3 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     09 October 2015

In every post the contents are pertaining to only one side of the coin and we are not aware of the other side.Both the sides will be visualised only in the court of law depending upon the evidences and merits  provided.Mr.Gupta has just generalised the subject" THE PATHETIC STATE OF MARITAL LIVES IN INDIA".

So once 498A and 307 were closed after mediation and again she has filed on all the family members.Every allegation of her has to proved wrong either during mediatiion or during investigation or in the court with valid evidences.Hence I would suggest U to rely on the local lawyer.

 


(Guest)

True Mr Sainath. WE all can notice that his wife already compromised once to save her marriage as is generally the case with ladies. Probaly at that time she was in family way.

But again fights and quarells have started. It is clear that his relatives are backing him. It is case of continuing offense that has been now well recognised by law makers in PWDVA Act.

That is why we have advsied the young man to have introspection and rectify mistakes if any at his side. Specially he should aks his family to keep off.Now court will also be suspicious to grant him another relief.

We have not generalsied. This is pathetic situation of India and stark rality. Rising incidetns and amoutns of dowry, extra marital affairs, ego fights, stress due to working couple and nuclear famileis, no control of neighborhood and elderslike used to be invillages.

 

These are crucials problems and cant be addressed by law and lawyers who can only advise and defend the litigant.

2 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     09 October 2015

Mr.Guptaji,

The above person "FIGHTING BACK" has a habbit of contradicting everyone.

I do support UR views and suggestiions on the above query.

prabhakar advocate (advocate)     09 October 2015

Dr.  Gupta, your views are highly appreciable.

1 Like

498_final stage (Professional)     09 October 2015

@Dr Rajendra K Gupta,

Gupta G your mentatlity clearly shows what kind of man have you been. If you start analysing yourself, you would definitly find yourself a guilty husband (male mentality as you mentioned). "DIRTY HABITS IF ANY"

So according to you Supreme Court has given all the false judgements where wives were considered on fault? Means you are bigger than Supreme Court.

Do you really know what does your own daughter or daughter in law is doing?? lol Sir jiske khud ke ghar sheeshey ke hon wo.... :) YOu know what I mean.

So before uttering a word on others without even knowing what the facts are dont be a ****. And you better dont discourage people over here by judeging them based on yoru own MENTAL STATUS. u better SU ;)

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     09 October 2015

The query is getting deviated by unwarranted debate and the original querist is left to fend for himself.This could be stopped.

vijay (M)     09 October 2015

Mr Gupta ... how you are claiming the wife has compromised  ? It is more likely the other way round... the husband compromises in front of evil laws and legal system only to be a victim once again..

fighting back (exec)     09 October 2015

contradicting is a process followed by everyone when the other person feels otherwise....just because someone contradicts you (sainath) doesnt mean that the other person should shut up!! there are two sides of a coin to every story.. 

1 Like

(Guest)

@vijay dont feign ignorance.We all know very well that girls always try to give one more chance to marriage. So she compromises on her own, for her child, or under family pressure to strike a compromise, The boys main aim always is to wriggle out of 498A and other clauses. Let us admit. I have participated in several disputes.Once the compromise is over and boy is safe he/his family again start same old habits taking the girl and legal compromise for granted,After the compromise both girl and boy have gerat responsibilities to avoid earlier mistakes. But one of them falters again.Sccess rate in my experience was just 30-40%.

In such cases of 498A, even if boy approaches High Court for quashing FIR, the court ( Normally double bench) summons both and gives them a good dressing down before quashing.

kunal   09 October 2015

Fighters ,we have to PRANAM to Dr Rajendra K Gupta's Satsang. 


(Guest)
Originally posted by : Dr Rajendra K Gupta
Marriage is not fun for boys. It is better all men learn this fast. Dowry, pampering, good s*x life all free.Then kick out the wife.

That is what is going on in India.


The cost of breaking marriage in India is much lower than in Western countries

Your query clearly shows your typical male mentality and trying to wriggle out of responsibilities. Your foul language for your wife is shocking. It is time for you to do soul searching and rectify your mistakes . Change you behaviour.

Maintenance can be granted under DV Act/125CrPC and by family court . Ofcourse family court decree is above others and the latter are merged in civil decree finally.

You should sort out your differences with your wife, drop your ego and dirty habits what ever they are  , ask some one to counsel you both. Dont spoil life of your kid particularly if infant is girl child.She will never pardon you. Dont spoil her normal growth and childhood. 

What is happening in India today is shameful. TV,Cinema, internet, modern lifestyle and too much money young guys are getting have spoiled their thinking.

Lawyers cant help you much as you both have to understand your responsbilities.Lawyers can only watch your legal rights.

If you want to get rid of your wife you have to be ready to pay heavu cost for that financial as wellas social and personal.Dont take marriage as fun

Dera Mr Gupta,

Not all take dowry and not all marry for just se x.  There are lot of girls who simply for sake of marrying and one pregnant will go sit at moms house and do all nakhras and tell you come you come to husband, I wont come to that house, you make separate house, big house, I need car, I need lawn, I need servants, and sit at moms house spoiling husbands life.  It is the society which has developed the dowry system and it is people like you who support it and then cry later on about dowry system.  The way you have repiled shows that you have paid dowry.  And paying dowry is a crime.

What the querist has undergone have you seen?  Why cant you give unbiased opinion about the query?

 

A woman who has a kid out of wedlock has guts to sit at moms place and do all that is mentioned in the querist question, dont you think it takes two to tango?  Agreed the guy is  nut, but dont you think the girl has somthing simliar?

 

@querist..

 

dont be an arse, go get back wife and kid, sabko aise zindagi naseeb nahi hoti, go pick them back and start afresh, this wife has this problem, new wife will come with new problem, alimony issues, property issues etc etc, you will be doomed for life if you take a stand to let go your wife.  You can adjust in bed with her but cant adjust with her in leading marital life? Shame on losers like you.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register