Wife gave different statement in different courts

money should be given through court only in cheque.. as i read in this forum..

Hi,

I have similar query, my wife has filed false 498A case in which she said, I demanded for huge amounts of money from her parents. And In her crpc.125 + interim maintenance petition she claimed that I have paid her nearly Rs.80,000 by cheque for her delivery expenses and house advance.

Actually I returned that money which I have taken from her for some other purposes.
 

Can I use this statement by her in the interim petition (Rs.80,000 paid to her) in my main case 498A? How it will be useful?
 

Is it possible to stress on this point,  "IF I would have demanded for huge amounts IF I'm money minded, why would I paid her back?
 

Experts, your valuable suggestions are highly appreciated.

 

Hi, I have similar query, my wife has filed false 498A case in which she said, I demanded for huge amounts of money from her parents. And In her crpc.125 + interim maintenance petition she claimed that I have paid her nearly Rs.80,000 by cheque for her delivery expenses and house advance. Actually I returned that money which I have taken from her for some other purposes. Can I use this statement by her in the interim petition (Rs.80,000 paid to her) in my main case 498A? How it will be useful? Is it possible to stress on this point, "IF I would have demanded for huge amounts IF I'm money minded, why would I pay her back? Experts, your valuable suggestions are highly appreciated.

Deepak have you got the divorce by mutual consent ? or It is pending , if not and going for mcd then add that she will withdraw all the criminal as well as other cases which she had field against you . 2. Yes there is a provision of appeal against mcd decree and the limitation is 90 days.

Mr. Deepak,

A mere affidavit by your wife in Uttarkhand court will not be enough to confirm that she has withdrawn the case, she has to produce a certified copy of the order dismissing her case or permitting her to withdraw the same as not pressed and hence dismissed; If a settlement has been arrived at, you can levy conditions asking her to withdraw all the cases against you and confirm the same, to hand over the cheque towards the settlement amount in front of the judge at the time of pronouncement of judgment; and any other thing you wanted her to reiterate upon. There can be an appeal preferred on MCD also.

Sir if she files a divorce petition in court an i accept that.

After decree,can she file appeal against that?

Thanks Joshi ji,

actually metter is-

She filed dowry case in 2011 and took it back in police station.Now we agreed upon divorce on some money.

But i am afraid that if i will file divorce petition, she will not object it because she need my money,that i will pay to her on judgement day in court by cheque

.But after getting the cheque she can file appeal against decree. that is why i wish that this petition should be filed by her so that she could not file appeal once decree has been approved.

Mr. Deepak,

you are thinking about too much now itself, why are you getting confused thinking a lot about nothing, act wisely over the present problem, if she comes out with an appeal later on after getting the money also, she will stand losing her case in appeal because by then it will be evident to prove that she is behind just money and not for any amicable solution, the appellate court will not turn a deaf ear to your pleadings hence dont worry about which has not got any merits.

Thanks Kalaiselvan Sir,

Now i feel relaxed.

Sir I think if we file MCD with affidavite stating that

1) wife want to withdraw her dowry case pending since last 2 years at District court in UP. (No activity from wife side as she withdraw it at PS)

2) Wife is self dependent and need not any maintenance.

3) She will receive one time sattlement and will never demand any husband's property (movable or unmovable)

In this case will high court quash dowry case immediately (as soon as we file MCD ) and then hear divorce case OR both dowry quash and divorce decision will come at same time?

Mr. Deepak,

As I had told you earlier, a mere affidavit before the court by her stating that she will withdraw the dowry harassment case in another court will be of no use to you unless she actually withdraws the same from that court and produces the certified copy of the order to that effect.  However, in case if the MCD is decided on the basis of one time settlement and her affidavit but after that also if she insists to continue the DP case, then you may apply for quash of the same before the high court producing the certified copy of the affidavit and the order on the MCD, it will be easy for you to get it quashed or you can contest the case in the lower court and win it based on the documents of the family court.  Kindly do not get confused thinking a lot about many things which may not happen, have self confidence and tackle the things intelligently.

1. Deepak you are right that if your wife files divorce case and she got the divorce, then she can't appeal against that decree because she prayer to court to do so and only her wish she get it . 2. In mcd you both husband and wife have mutually submit your petition in that you have to give your terms and conditions by which terms and conditions you both are agree. 3.in mcd you both are agree for one time settlement of money , after that she will not claim , demand , or file any case of maintenance for her and her dependants etc....4. if after she appeal against the decree then her appeal may be challanged on the ground that she is contesting and filing the appeal only to extort The money , her appeal not stand anywhere and rejected . 5. In U.P where she has filed criminal case against you , she have to give an application in that district court to withdrawn all that cases with reason then The court permit her to withdrawn the cases , and issue her a copy of order stating cancelled all the charges as per her request.6. At that time when court hand over your one time settlement cheque to her that time you first ask to hand over certified case withdrawl copy of all those cases made by her, against you only then req,uest The court to issue her The cheque.

Why this much hue and cry........

1. If your wife is ready for MCD then directly go along with her to HC court and file a quash petition on all false cases U/s 482 crpc by both spouse consents. The same will be heard and quashed within the date or 2-3 dates maximum.

2. Once done sit together prepare a common MOU stating all your doubts and future concerns if accorded go to fmly court place the first motion of MCD infront of magisterate.

3. Wait for 6 months and allway's be prepared to record all her activities even though you are on the mode of MCD.

4. Once 6 months crossed both spouse need to be presented infront of same court's magisterate give your and hers consent , pass that cheque of freedom,move apart.

5. Come after few days as per the date mentioned by court to collect the decree.

6. Take the decree and you go your way and she will her way........No appeal and nothing will be done after that , if she does also she will be prosecuted for voilation of contract and contempt of court.

Just chill and relax.