498a/dv/125
sourabh
(Querist) 08 October 2017
This query is : Resolved
Dear Sir
6 months back all 3 cases filed by my Wife
1) day 1 we got Bail from court to all of us
2) in DV case nothing is happening, only dates are postponing
3) CRPC 125, immediately court ordered interim maintenance on me to pay as wife demanded my account statement, Salary slip etc
4) we applied in high court for quash of 498a but we got stay orders from high court so in lower court nothing is happening
Now whatever movement is happening in 125
1) as per order from court, wife asked for details & i provided the same & based on it, interim started & i'm paying from last 3 months
2) i too demanded my wife account statement, ITR & property details on her name, but till date court is not ordering to give & everytime her lawyer is misguiding
As i am aware that my wife has done lot of illegal transactions from her account & in court she told that she has closed her account but from some sources we came to know that before closing itself wife has transferred almost 10 lacs & closed the account & in court she is telling that she has no income & not even sharing property & ITR, my wife was staying with me & not working anywhere still from last 6 years she was filing ITR, from where the income came
Please suggest what action should i take
1) can we apply in high court for same
2) is it right time to apply for divorce
3) as i'm paying maintenance, can i apply for child custody or visitation rights ( child age : 5 years)
any other steps to be taken please guide
Vijay Raj Mahajan
(Expert) 09 October 2017
Summon through court ITR records as well bank account records ( even of the closed bank account) for period of last 3 years of your wife.
Actually your lawyer should have suggested this to you, what for you pay that bugger if he's doing nothing.
Interim maintenance allowed to wife need not be challenged in the High Court as the revision petition filed there will fail. You need to workout to find and bring on the record the income, source of income, cash deposits, property etc.that your wife has to get her S 125 Cr. P. C case dismissed.
DV case too will fail once her S 125 Cr. P. C case fails.
As far S 498a, etc. IPC matter is concerned that the High Court may quash if both parties compromise, which totally depends on her demand of huge sum of money from you and your capacity to pay that and get divorce from her. Otherwise only in rare cases quashing petition succeed for such cases.
sourabh
(Querist) 09 October 2017
Sir, unable to understand summon through court ITR records
what is the Procedure, do i need to file seperate case as in last judgement, court still not ordered to submit her bank & ITR details, her lawyer has refused saying that already cross discussions happened
Please suggest
As bringing the account statement can solve many of my problems, in july she stated that bank account & she has no income but in june she was almost having 10 lacs in her bank account
Advocate M.Bhadra
(Expert) 09 October 2017
1.You can file a motion in District Judges Court for alteration of interim order passed by the magistrate Court.
2.At this stage, no need to file a Divorce Suit or RCR suit as because she can counter by filing an alimony petition for another interim order.
3.Yes, you can file a petition for visitation right only under Wards and Guardian Act.
sourabh
(Querist) 09 October 2017
Dear sir
As per your point 2 not right time to file divorce or rcr
I would like to narrate some points
My wife left my house on january 2015, she didnt came back so i filed divorce notice in sept 16, after on receiving notice of same she tried for 498a but no fir was registered as i have already given advance notice in mahila thana and also mentioned same in my divorce petition, the case was referred to mediation, in june 2016, we did a compromise in front of judge by making a joint compromise agrrement which was registered in stamp paper, wife & we clearly wrote that in future any fights will be resolved by us & in any case either of the party will not blame the in laws of each other & by trick she finished my divorce case
She came with me to delhi in end june 16 & oct 16 in diwali she again left & didnt came back.
I was having some doubt so in december i send the notice to mahila thana in advance that we did compromise & wife again left & she can file 498a
Same happened, in feb 17 she filed 498a & police too registered fir, i dont know on what grounds the registered fir, we have filed in high court & got stay orders
Now thats why i am asking can i file for divorce once again as i have all necesarry documents
Guest
(Expert) 09 October 2017
Mr. Saurabh,
Have not you hired a lawyer to fight your cases in the court of law? You have not discussed, in spite of your genuine problems, what he has been doing so far and what difficulty he finds in pursuing your cases? Unless and until you discuss the case threadbare including your own lawyer's course of action so far as well as his own difficulties, if he experiences, in sorting out your cases, there will be no use for wasting time of the experts here in seeking their advice, more particularly, when you are not sure whether your own lawyer would be ready to act upon the advice rendered to you by the experts through this thread.
So, for getting to the point purposeful advice of the experts here, at first discuss the problems with your own lawyer and then discuss here without any reserve. If your own lawyers feel some problems to pursue your cases he must make clear to you and also why he is not taking advice from his own fellow lawyers of the same court?
Vijay Raj Mahajan
(Expert) 09 October 2017
You have to summon her ITR and bank account details at the time of your evidence. Is your lawyer such stupid that he didn't explain you that after her evidence is over you get chance to submit your evidence and in your defense you can summon her records as mentioned above.
