498a and maintenance - now 420
Aarti
(Querist) 26 August 2016
This query is : Resolved
I suffered severe mental torture and taunts from my husband and in-law. I left from there and came for living with my parents. I filed police case on them. Police did mediation and then made FIR. I filed maintenance and divorce also. I am doing job in company. Husband does business and he makes much more money.
1. Interim maintenance, husband has submitted my salary slip that has one time annual bonus. His lawyer is claiming perjury. I wrote my income correctly in affidavit, but he is now counting bonus also which I did not declare because it is not guarantee to get. Husband has shown his income as much less than actual. He gets income in black and I don't have proofs for that. He is playing such dirty tricks to not pay anything for me. How can I fight his tricks?
2. In one year, husband has attended court for DV and maintenance case only one time. Only his lawyer is attending dates and delaying things with excuses. How can we make husband to come to the court every time?
3. Husband has filed utterly false police case on me in Bombay saying I did fraud (420). Mumbai police is sending us letters and call us for investigation. Police in my city are not taking any action against him based on FIR. He has got bail from court. He knows senior Bombay police person very close. He is making pressure on me from there. Can I transfer the fraud case (420) from Bombay to Haryana? Will I need Supreme Court? How much will be the cost?
Raj Kumar Makkad
(Expert) 26 August 2016
1. Black income cannot be proved except based on strong documentary evidence vide which it may be shown that the respondent has incurred huge amount on other luxurious things. Bonus also forms part of income.
2. None of the parties is required to attend such cases in person except at the time of evidence of that particular party.
3. It shall be good for you t cooperate police at Bombay in its investigation. Even if Bombay police do not close the case filed against you only then you you can go for its quashing in the high court.
Rajendra K Goyal
(Expert) 26 August 2016
1. In support of your income you can provide form 16 or certificate / salary slip / evidence of employer. Black income of husband can not be proved, if you have solid grounds, inform taxation authorities.
2. In criminal cases attendance is required not mandatory in civil cases.
3. You have to cooperate police, if FIR lodged, try for anticipatory bail.
Aarti
(Querist) 26 August 2016
Thank you Mr. Makkad and Mr. Goyal for your valuable advice.
I have three more questions.
1. Can husband pursue 340 against me because I did not show my bonus on my income affidavit? His lawyer is very aggressive and saying to judge again and again that I did perjury and came unclean hands. Advocate from my side seems very meek and staying mostly silent in front of judge.
2. I am scared about going to Mumbai because of husband's connections with the police. Will Supreme Court allow transfer of his case to Haryana where I can feel safe to cooperate with case? I don't know if they have FIR or not on me. Will it cost very high money to go to Supreme Court for transfer?
3. I cannot hire expensive advocate. Husband has hired most expensive lawyer from my city to defeat me. How can I get my rights? He has completely spoiled my life. He behaved very arrogant in police and court mediation. He has not approached my family for amicable solution even once. My father spent all his saving on my marriage. I want to atleast get decent alimony/maintenance, but husband wants to spoil my life and leave me with complete empty hands.
I am grateful to experts for giving me their time.
Aarti
Ms.Usha Kapoor
(Expert) 27 August 2016
Although you are making money through Job the court requires your husband to pay some reasonable amount as maintenance in addition to interim maintenance as a sort of compensation to harassing you. If you;ve filedSec 498A proceedings he must have been arrested and under Domestic violence law and //criminal Law under 498 /A also he has to pay maintenance. compensation, litigation costs etc.You can claim entire Stridhan and your dowry back as separate e relief in your Divorce case. He is bound to pay you otherwise he would be liable for criminal breach of trust.You need to file transfer petition in Supreme court for transferring the case to Haryana.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 August 2016
You have made mistakes in hurry.
If there is proper story in 420 case than you have to appear before police and thereafter take bail from court.
CRPC 340 takes time but giving false information will affect your cases.
P. Venu
(Expert) 28 August 2016
The lapse that income, as disclosed, did not include bonus constitute is no perjury. What is the allegation as to cheating!
Aarti
(Querist) 28 August 2016
Thanks to all experts for kind help.
