498A and 125 Defence related
Querist :
Anonymous
(Querist) 16 December 2010
This query is : Resolved
Details as given below:
June-06 got married
2 months later her father came to home and ask for 2 lacs for some personal reason(Denied by me showing inabilities)
1 bike received in marriage(without papers)
Papers were received after 3 months of marriage and the same were by the name of some other person(not even relative of her family)
When received paper an another demand was raised for 1.5 lacs by father in law(denied by me showing inabilities)
Then started teaching his doughter. She even took some medicines to abortion. She left home in my absence in July-07 and her father stopped installment of the bike which I was given on marriage.
Ther person came to my home and threatned me to pay installments of bike and fulfill the demands of my in laws.
Complaint for the same givn to SP through Telegram in September-07 against in-laws and the person by whom the bike was registered. No action was taken on that telegran and a departmental is running agains them.
she came back in Feb-08 and geve birth to a female child. then again she left home in the night of Dec-2008 and registered FIR u/s 498A/323/342 and 325/406/506 were added later.
I registerd complaint for her missing in my poloce station.
Also 125 also filed by her and interim to be decided in next date(arguments not done till now)
498A Case is running in witness stage. Please help me in this regard.
PALNITKAR V.V.
(Expert) 16 December 2010
Behaviour in court is not relevant for deciding a case of maintenance. What you must prove is that the girl has deserted you without any justification or without sufficient reasons. As far as interim maintenance is concerned, normally, a husband has no scope unless you have a very strong case that the wife is earning sufficiently.
Khaleel Ahmed
(Expert) 16 December 2010
You can not deny the maintenance on the ground of behaviour of your wife.
Defend the case already filed by your wife u/s 498/A through the services of your experienced lawyer.
Dr G V Rao
(Expert) 16 December 2010
I agree with Mr Ahmed. Personal experience says that interim maintainance is unavoidable. Seek action taken report from the police under RTI Act on the complaint lodged by you which should be given to you. Then you may consult a good family Court Advocate.
Querist :
Anonymous
(Querist) 16 December 2010
Please go through the all fact--
2. That the petitioner no. 1 has sufficient source of income to maintain herself and her minor daughter as she is running a Beauty Parlour cum Boutique in the name & style of ‘Ronak Beauty Parlor, Near Bus Stand, Durga Mandir, and is earning around Rs. 8,000/- Per Month
3. That the petitioner no. 1 is a habitual offender to leave her matrimonial home without any sufficient cause and reason and is in influence of her parents. Firstly the petitioner no. 1 has left her matrimonial home on 12/8/2007 without the permission and consents of the respondent alongwith her parents. The respondent has given the said intimation to S.P., through Telegram on dated 12/9/2007. Copy of the same is enclosed herewith. At the time of leaving her matrimonial home, the petitioner no. 1 was pregnant and when the respondent requested her to return back to her matrimonial home alongwith his parents, firstly she clearly refused to return to her matrimonial home but when the time of delivery came near, the parents of the petitioner no. 1 called the respondent and his parents and hold guilty for their act and conduct. The respondent and his parents ignored their act and conduct and brought the petitioner no. 1 to her matrimonial home. The petitioner no. 1 gave the birth to petitioner no. 2 at her matrimonial home on 13/4/2008 and all the expenses of medicines, treatment, diet and other expenses were bear by the respondent and his parents. After some time, the petitioner no. 1 again left her matrimonial home alongwith her minor child i.e. Petitioner No. 2 in the mid night 20-21/12/2008, the respondent also lodged a D.D.R. No. 3 dated in this regard in P.P. on dated 21/12/2008 and since then the petitioners are residing in the parental home of parents of petitioner no. 1. The respondent and his parents made several requests to the petitioner no. 1 and her parents to return back to her matrimonial home but they are not listening the genuine request of the respondent and his parents
Firstly the parents of the petitioner no. 1 brought to the petitioner no. 1 to their home as the father of the petitioner no. 1 has demanded the sum of Rs. 2,00,000/- from the respondent but the respondent was unable to fulfill his demand as the respondent is a student and is fully depending upon his parents and has no source of income. The respondent told the father of the petitioner no. 1 in this regard, then the father of the petitioner no. 1 has threatened the respondent that if the respondent will not fulfill his demand, then he will implicate the respondent and his parents in false cases. The respondent has also mentioned this fact in the application, which was sent by the respondent to S.P., Faridabad on dated 29/9/2007 by Telegram.
It came to the knowledge of the respondent that the said M/Cycle was finance from finance company in the name of one person namely Kapoor and when the parents of the petitioner no. 1 did not pay the installment to the finance company, then the said Kapoor came to the house of the respondent and told him to deposit the installment of the said M/Cycle but when the respondent showed his inability to deposit the installment of the said M/Cycle and told the parents of the petitioner no. 1 in this regard, then the father of the petitioner no. 1 threatened the respondent to pay a sum of Rs. 1,30,000/- to him and also threatened the respondent that if the respondent will not deposit the installment of the said M/cycle then he will picked up said motorcycle with the help of Kapoor by registering false case of theft of the said motor cycle against the respondent and his family members.
yogesh
(Expert) 16 December 2010
The purpose/objective of maintanance is not to take unwanted advantage from the spouse who herself is in strong position.If you have the full proof you may give the reply affidavit before the court
You can also file restitution of conjugal rights before the District Court under section 9 of HMA if the wife has left the house without reasonable cause and pray for decree
If the charges are false you caan also file 340 of CRPC petition before the District Court
there are also provisions under IPC if wife makes false complaint such as 108,120-B, 211,500 but be careful and use it if no alternative remedy left as your family life will also be affected
THINK AND ACT
