Help me out
Vaddi kasulu
(Querist) 05 October 2019
This query is : Resolved
Hi All
I am from hyderabad and a victim of false 498a by my first wife which has ended up with mutual divorce with a settlement of 498a. I case went from 2014 to 2017 for closure.
Keeping all the previous case aside I took a step and married a divorcee who has a baby girl of 6 years. Its been 4 months of married life and now even she has filed a 498a which is completely false. I have not taken any dowry nor gold nor household articles. As my only intention was we both went through a worst situation in life and lets make the remaining life meaningful and plan accordingly for the child up bringing. One thing is very clear with my wife is that she is very much influenced by her mom. Now she has filed a 498a case station that they have give 5 lakh dowry, Gold & household articles. & also 420 cheating case stating that the first divorce did not happen.
My queries are as below:
What kind of proofs or documents does court require that the dowry is given?
How can I fight back for the wrong allegations?
What is the procedure to teach them a lesson as they have ruined my life completely?
She is a working woman, So can she file for maintenance?
Regards
Vicky
SHIRISH PAWAR, 7738990900
(Expert) 05 October 2019
Dear Mr. vaddi,
As your wife is working woman she may not be entitled for maintenance. Grounds for fighting case differs from case to case basis. You can post your FIR copy so that members can advice you. As the case is filed you have to fight out the case by appearing and by appointing advocate.
Regards,
Vaddi kasulu
(Querist) 06 October 2019
I would also like to know will the baby girl will be my responsibility who belongs to the first husband
Dr J C Vashista
(Expert) 06 October 2019
Whether your ex or present wife has filed case u/s 498A IPC, is not clear?
Since you have engaged an able, competent and intelligent lawyer who is well aware about the facts and circumstances of the case(s) what is his/her opinion and advise on the issue(s)?
It is better to consult a local prudent lawyer with relevant documents/facts for appreciation, guidance and proceeding, if you have lost faith in your lawyer.
Sudhir Kumar, Advocate
(Expert) 06 October 2019
The father of the child (real father unless adopted by you) is responsible for maintenance.
Vaddi kasulu
(Querist) 06 October 2019
Hi Vashista Sir
My first wife has filed a 498a in 2014 which has ended by settlement and we got mutual divorce on 2017. I got married second time keeping all the past aside. My second wife is a divorcee and has a baby girl. Baby girl is taken care by her grandmother, Even my second wife has filed a 498a & 420 on me by influence of her mother, He only intension is to ruine my life completely.
Hi Sudhir Kumar Sir
Can you please make me understand as what do you mean saying that I am receiving end and I also tried for peceful solution but she is not ready at all
P. Venu
(Expert) 06 October 2019
It appears that you are over-reacting, may be. because of the unpleasant past; forget about it and try to deal with the present issue. What is the status of the complaints filed the second wife - has it reached the court? If the complaint is false meet the issue on merits.
Vaddi kasulu
(Querist) 06 October 2019
Hi Venu
I do understand that you might have come across too many 498a cases in your practice experience. But I am worried about my life & career. Moreover second step to start a new life has also leaded to false 498a. I am seeking your valuable advice to fight back for the false 498a.
I have been issued notice by the police which is 41a.
KISHAN DUTT KALASKAR
(Expert) 12 October 2019
Dear Sir,
Just approach High Court and get a stay order against such proceedings and thereafter it may be quashed.
Vaddi kasulu
(Querist) 12 November 2019
Hi All
As per the first issue which I have posted. My wife has filed a false case on me under section 498a & 420 stating that I do not have my divorce document for my first marriage. I have been issued a 41a from the police station to submit my divorce documents. In regards to that I have submitted the xerox copy of my divorce documents. After submitting the document the police insisted for original copy to submit.
I would like to know if the xerox copy would be valid proof of divorce or not.
