498a/34 CrPC 125/HMA 09 & 12(d)

P Kumar Agrawal (Querist) 10 February 2016 This query is : Resolved
My marriage date was 16.04.15 after four month my wife left my home with her mom dad and near to my home given a information to police station that she is going with her own interest. And then after 4 days on 22.08.15 she given complain of dowry at her home town . Police arrangeed counselling on 07.09.15 but she refused to come with me I told that I want to take her back I love her ...then conseller advised me to file hma sec 9 I filed section 09 of hma on 22.09.15 then she also lodged fir under 498a.34 on 19.10.15 I and my all family got ab from lower court and chargesheet submitted on 22.1.16 she filed another case maintenance ....in the month of April she told me that she was I love with other and not interested with me she was also pregnant at April after two months later her parents abort and left to my home . My question is
1. Should I will be allotted maintenance or not as she has given statement to near police that she is going on her own interest?
2. Should I file hma sec 12 on ground of pregnant n no physical relationship.? Parallel with Sec 09
3 . is this case will be quashable at high court because no medical and no eyewitness?
4. How much time I will spend on this issue??
5.personal loan ,car loan ,insurance premium, house rent and medical bill be considered while considering maintenance amount ???

Follow Query

Report Abuse

rajagopal.s (Expert) 10 February 2016
hi
please contact a lawyer in your locality.
the reason is the matter though appears simple when reading your message, it is quite complicated as you are saying that there is no physical relationship etc.....
please note that the any child is presumed to be born to a man and a woman out of wedlock unless until it is proven otherwise.

Devajyoti Barman (Expert) 10 February 2016
1. If court is convinced that she left her matrimonial home on her own accord then no maintenance would be granted.
2. In RCR you can seek alternative relief of divorce.
3.quashing is hardly allowed and without seeing the contents of charge sheet it is difficult to advise on merit of the case.
4. 3-6 years.
5.personal loan, car loan insurance if for your benefit will not be considered.

P Kumar Agrawal (Querist) 11 February 2016
Ok and thanks ....chargesheet has submitted and girl has only allegation no witness n no enjury ....even at the time of anticipatory bail judge written on bail paper " aisa paratet ho rha hai ladki apni sweksha se Ghar chhodi hai " even police wale told that they forced them from sr official that's why they wrote. Should it be quashable??