DV and Dowry Act
Babu Ram
(Querist) 28 September 2016
This query is : Resolved
Sir,
I am fighting false DV case from 2015 and still it is on Process.Now in May 2015 my wife hd applied for CRPC 125.My lawyer had not yet answered notice and because of this she had again Lodged a false Dowry Complaint in Police Station.Cops told as they are enquiring about the complaint and had taken statement of my Family and my witness. Her witness is only her mom..What should I do next.
Raj Kumar Makkad
(Expert) 28 September 2016
You should defend all the cases vigorously, effectively and honestly with the advice of your lawyer.
If possible try to reconcile so as to live in peace with a new look in life.
If not possible, you may also try for mutual consent divorce.
Sudhir Kumar, Advocate
(Expert) 29 September 2016
"I am fighting false DV case from 2015 and still it is on Process."
on what facts?
Sudhir Kumar, Advocate
(Expert) 29 September 2016
"My lawyer had not yet answered notice and because of this she had again Lodged a false Dowry Complaint in Police Station."
How non-reply in 125 and 498a complaint are related?
Babu Ram
(Querist) 29 September 2016
My Wife got exhausted becoz of lengthy trial of DV She fought with her lawyer and he refused to return her File coz of non payment of his Fees. She says when lawyer wil start her maintenance amount dhn only c wil pay him.Dats Y c is filing a new with new lawyer.
Babu Ram
(Querist) 29 September 2016
Her intention is only my money dats my half salary..I m a PSU Employee
Babu Ram
(Querist) 29 September 2016
Her intention is only my money dats my half salary..I m a PSU Employee..And c is nt bringing her witness and Proof in Family Court.So is trial is going on.
Guest
(Expert) 29 September 2016
Congratutlations! there is an occasion for celebration, as you said, "My Wife got exhausted becoz of lengthy trial of DV"
But sorry to make you aware of the fact that in a case u/s 125, you can't escape parting with the stated money you get every month, as salary, from the PSU, if no patch up is arrived between you and your wife.
Was not that fact told to you by your own lawyer?
Also, has not your lwn lawyer advised you on your question, "What should I do next?"
Raj Kumar Makkad
(Expert) 29 September 2016
Your lawyer should insist upon the court to close the evidence of the petitioner at the earliest.
Guest
(Expert) 29 September 2016
About your latest question, "So is trial is going on," that also depends upon the lawyers of both sides, to what extent they intend to linger on the case or get settled expeditiously.
You may better ask your lawyer to act upon the advice of Shri Raj Kumar Makkad.
Babu Ram
(Querist) 29 September 2016
Even I'm nt intrested to patch with her, she had put down my prestige nd family impression while filing false case.Now I'm planning to lodge a FIR on her and her family regarding False Dowry Complaint as she has no Evidence.I have documentary proof of her allegations and witness to prove that She is harassing me and my family.She is financially weak too.And the worst thing is v hd an affair for 12 year and then we got notary Court Marriage and it's not certified by SDM.
Babu Ram
(Querist) 29 September 2016
Even I'm nt intrested to patch with her, she had put down my prestige nd family impression while filing false case.Now I'm planning to lodge a FIR on her and her family regarding False Dowry Complaint as she has no Evidence.I have documentary proof of her allegations and witness to prove that She is harassing me and my family.She is financially weak too.And the worst thing is v hd an affair for 12 year and then we got notary Court Marriage and it's not certified by SDM.
Babu Ram
(Querist) 29 September 2016
I'm living with my dad, bro nd small sis they are completely dependent on me.Next she had filed complaint of my married elder sis and her husband who live separately in their house.And my lawyer told that Only 2000 or 2500rs wil her maintenance per month.We have no chud, She is working in a play school and live in her mother's house.
P. Venu
(Expert) 29 September 2016
Meet the Cr 125 case on merits. Let the Police investigate the allegation on 498A. The Police are under strict instruction not to take any hasty steps in such matters.
Raj Kumar Makkad
(Expert) 29 September 2016
If you are not interested to reconcile and reach to an amicable solutions to your problem then it is your sweet desire. Your wife is entitled for the grant of maintenance from you which may strengthen her financial power to fight with you.
Babu Ram
(Querist) 29 September 2016
I'm living with my dad, bro nd small sis they are completely dependent on me.Next she had filed complaint of my married elder sis and her husband who live separately in their house.And my lawyer told that Only 2000 or 2500rs wil her maintenance per month.We have no chud, She is working in a play school and live in her mother's house.
Babu Ram
(Querist) 29 September 2016
Sorry some sentence are mistakely typed by app keyboard.
Guest
(Expert) 29 September 2016
May be you are living with dad, bro nd small sis, you cannot escape from the liability of maintenance of your wife, if you don't prefer to reconcile.
If your lawyer has told you that Only 2000 or 2500rs wil her maintenance per month, either he is misguiding you or you are day dreaming.
By the way what is your salary in the PSU?
Babu Ram
(Querist) 29 September 2016
Well, after deduction of Bank EMI Its nearly 15000 Rs.
Raj Kumar Makkad
(Expert) 29 September 2016
Th amount of maintenance shall be fixed by family court and in the given facts it may cross up to Rs. 5000/- per month.
Guest
(Expert) 29 September 2016
Forget about total deductions and EMI. I have not asked you about carry home salary. You should give correct figure of your salary and the nature of deductions made out of that.
Babu Ram
(Querist) 30 September 2016
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
Babu Ram
(Querist) 30 September 2016
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
Babu Ram
(Querist) 30 September 2016
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
Babu Ram
(Querist) 30 September 2016
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
Babu Ram
(Querist) 30 September 2016
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
Babu Ram
(Querist) 30 September 2016
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
Babu Ram
(Querist) 30 September 2016
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
Guest
(Expert) 30 September 2016
You seem to have evaded reply to my question. Any reason?
I wonder, what your own lawyer is doing if not satisfying you on your questions?
If she is working, just produce the evidence of his employment and salary. Even your own lawyer may not be able to help you if you don't produce any such proof of her working, as per your contention.
Babu Ram
(Querist) 30 September 2016
Thanks, I got u nw, wil proceed on ur instructions.
Raj Kumar Makkad
(Expert) 30 September 2016
You are always welcome for your genuine legal problem.
Rajendra K Goyal
(Expert) 01 October 2016
You said:
My Wife got exhausted becoz of lengthy trial of DV She fought with her lawyer and he refused to return her File coz of non payment of his Fees. She says when lawyer wil start her maintenance amount dhn only c wil pay him.Dats Y c is filing a new with new lawyer.
Reply:
please use plain language and not SMS language.
You should try to oppose her move continuously and defend yourself.
Rajendra K Goyal
(Expert) 01 October 2016
You said:
Her intention is only my money dats my half salary..I m a PSU Employee..And c is nt bringing her witness and Proof in Family Court.So is trial is going on.
Reply:
Court can not give her all your money. maintenance can be awarded.
Rajendra K Goyal
(Expert) 01 October 2016
You said:
Even I'm nt intrested to patch with her, she had put down my prestige nd family impression while filing false case.Now I'm planning to lodge a FIR on her and her family regarding False Dowry Complaint as she has no Evidence. I have documentary proof of her allegations and witness to prove that She is harassing me and my family.She is financially weak too.And the worst thing is v hd an affair for 12 year and then we got notary Court Marriage and it's not certified by SDM.
Reply:
Do not open new front, first defend the cases against you.
Rajendra K Goyal
(Expert) 01 October 2016
You said:
'm living with my dad, bro nd small sis they are completely dependent on me.Next she had filed complaint of my married elder sis and her husband who live separately in their house.And my lawyer told that Only 2000 or 2500rs wil her maintenance per month.We have no chud, She is working in a play school and live in her mother's house.
Reply:
Get proof and submit in court regarding her employment.
You said:
Well, after deduction of Bank EMI Its nearly 15000 Rs.
Reply:
Bank EMI may not be considered while deciding maintenance. TDS and other taxes would be considered.
Rajendra K Goyal
(Expert) 01 October 2016
You said:
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
Reply:
maintenance is not associated with other cases / allegations.
Raj Kumar Makkad
(Expert) 01 October 2016
ou Said:
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
The chances of refusal of maintenance allowance are more in the present case.
Raj Kumar Makkad
(Expert) 01 October 2016
You ask:
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree
My reply:
It depends upon your evidence. No is the reply to subsequent query.
Raj Kumar Makkad
(Expert) 01 October 2016
You further asked:
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
My reply:
This is your repetition of the same query which has already been replied.
Raj Kumar Makkad
(Expert) 01 October 2016
Your subsequent posting:
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
My reply:
Nothing new as the question is also same. Refer to earlier replies.
Raj Kumar Makkad
(Expert) 01 October 2016
Your subsequent query:
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
My reply:
Same as above.
Raj Kumar Makkad
(Expert) 01 October 2016
Your last query prior to your thanks:
And What about proving her allegations false in Family Court. Will it help reducing Maintenance? And other thing is She is a working women and holding a Graduate Degree.
My reply:
As above.
Babu Ram
(Querist) 02 October 2016
Thanku for your Valuable suggestion.
