False 498a
Nikhil
(Querist) 26 October 2014
This query is : Resolved
Hi,
We married in May 2013 and saperated since a year from now immediately after marriage. I, along with my relatives made enough efforts to convince my wife to come back but she and her mother refused to do so. During this convincing period, my father suffered a heart stroke and still is under mental stress. During which we had a brief talk with my inlaws, and they agreed for Rs. 1L as permanant ailmony and all the jwelarry that she received in marriage to settle for mutual divorce. However, I refused to give them a neckless worth Rs. 50000, as my mother had sentimental values associated with it. Here things brokes. Later they demanded minimum Rs. 5L for mutual divorce, to which I opposed. Recently I received a Notice from Protection Officer to appear in the court and it's mentioned that 'sec 12/DV' in the notice. My hearing is on 8th Nov and I'm absolutely clueless about what to do. I'm frightened, helpless and very much worried. Below to be noted:
1. My gross salary is 26000 as per offer letter, and net 16000 as per salary slip.
2. I do not own any of the properties, rather since my father is still alive, everything is on his name. He's retired.
3. No FIR has been filed in last one year.
4. Earlier, in one of the notices my wife sent to me, it mentiones that I used to beat her and did not provide proper food. which is false claim, as I have a video recording in which she has admitted that I never beat her, never ignored her, but always helped her be it cooking or anything else.
5. They also accused that I have an extra marital relationship, but did not mentioned in any of the notices they sent to us.
6. I also have a audio recording in which one of her relative asked to give divorce and all the marriage expenses.
7. My wife used to work before marriage and now she's not.
Questions:
1. Will this be the 498A case?
2. Will there be a police case?
3. I learnt that maintainance needs to be given, but if I share the audio recording (Pt. 6), then can I avoid it?
4. Can they accuse me for any other crime during the case?
5. What is safe exit without paying money/paying the least money as possible?
Please advice.
Anirudh
(Expert) 26 October 2014
Nobody knows what a woman scorned would do.
Therefore, nobody can rule out the possibility of 498A. They can definitely accuse of anything that they think that they have material to support.
Your having any audio/video recordings etc., would be of no value when the question of payment of maintenance comes. You will not be able to avoid payment of maintenance, especially when the wife is not working. If there is agreement for payment of one time alimony that is a different thing altogether, in which case the payment of monthly maintenance may not arise.
Sudhir Kumar, Advocate
(Expert) 27 October 2014
Prima-facie before reading entire story. You said
"Rs. 1L as permanant ailmony and all the jwelarry that she received in marriage to settle for mutual divorce."
unlucky fellow missed seperate and safety of family when available at throw away price. By now she may have realised the worth.
Sudhir Kumar, Advocate
(Expert) 27 October 2014
you said
"However, I refused to give them a neckless worth Rs. 50000, as my mother had sentimental values associated with it."
I am sorry to say true but harsh. You mother may be having sentimental value to the property but :-
() having gifted to her DIL she has lost title on the same and retention of the necklace invite allegation u/s 406 IPC.
(ii) The said sentimental value has already escalated settlement amount by five times.
(iii) The cost of the necklace (both material and sentimental)is certainly not more than the unwanted financial and sentimental misery you are heading to.
Sudhir Kumar, Advocate
(Expert) 27 October 2014
you said
"My gross salary is 26000 as per offer letter, and net 16000 as per salary slip."
with this salary you may not be able to defend 498a and DV allegations (apparently false).
Ultimately after having some unwanted misery you will return the necklace and also end up paying maintenance as suggested by Mr Anirudh.
Sudhir Kumar, Advocate
(Expert) 27 October 2014
you said
"Earlier, in one of the notices my wife sent to me, it mentiones that I used to beat her and did not provide proper food. which is false claim, as I have a video recording in which she has admitted that I never beat her, never ignored her, but always helped her be it cooking or anything else."
True you have evidence to counter allegations. Very good.
But unfortunately the cost of litigation (financial and emotional) is high. When authenticity of the recording is disputed in court you have to spend time and money to prove the genuity of the same.
Even them as suggested by Mr Anirudh, the maintenance shall have to be paid.
Sudhir Kumar, Advocate
(Expert) 27 October 2014
1. Will this be the 498A case?
2. Will there be a police case?
Ans : What else do you think is being planned.
3. I learnt that maintenance needs to be given, but if I share the audio recording (Pt. 6), then can I avoid it?
Ans : This recording may save you from going to Jail after prolonged suffering of trial.
Maintenance has to be given.
4. Can they accuse me for any other crime during the case?
Ans : Meet astrologer. But they may accuse you of any crime possible on the earth.
5. What is safe exit without paying money/paying the least money as possible?
Ans : you have lost the same. The facts given by you indicate that clearance sale is over.
ajay sethi
(Expert) 27 October 2014
agree with Sudhir Kumar
Rajendra K Goyal
(Expert) 27 October 2014
Well advised, agree with the expert Sudhir Kumar.
Nikhil
(Querist) 28 October 2014
Hi All,
Thanks for your valuable inputs. Further I would like to ask you that What part of salary is considered for maintenance? I read that contribution to PF can not be attached to any decree. The same way is only Basic+DA+ANY OTHER ALLOWANCE is considered for granting maintenance? If there are any verdicts regarding this, please share.
Devajyoti Barman
(Expert) 28 October 2014
The net pay is considered as income of husband. PF contribution is not.
Sudhir Kumar, Advocate
(Expert) 28 October 2014
contribution of PF cannot be attached. That does not mean that one can deposit entire salary in PF and avoid attachment.
Courts are very sharp to understand artificial reduction of carry home salary.
malipeddi jaggarao
(Expert) 29 October 2014
You have not given the reasons for broken relationship. However expert Mr.Sudhir Kumar guided you properly. Now you have to decide either to strike a reconciliation by finding out the root cause and setting it right or to face the legal cases which will prove very costly. Some times, even if you do not like, you will have to reconcile foreseeing the future problems. Make another sincere effort for reconciliation shedding all ego and everything.
T. Kalaiselvan, Advocate
(Expert) 29 October 2014
The experts have observed and addressed the query very well, I concur with their views, nothing more to add to the elaborate opinion/advises given by expert Mr. Sudhir Kumar.
