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skec (superwiser)     25 August 2014

False 498a and streedhanlist items bills

Hi Sir,

 
i need your some help on dowery case which is imposed on me and my family.
brief details are below:
 
My wife has filled 498a,34,3/4 on me and my family by dec.2013 we got bail and CS has-been filled but still charges are not framed. and apart from that wife has filled divorce with alimony(13,14,24,25,27) on family court by Jan-2014. One mediation has-been done in-front of sr. judge and it has been failed. they have submitted lot of jewellery bills and household item bills (around 15 lacks). here some bills are estimated and they have also given 2 lack rs. by cheque payment name of my father.
 
before case i have been filled judicial separation. now in front of judge i am telling if her parents stop interfere between us then only i can live together but she is not ready ,she wants divorce with huge money. actually i also don't want to live together.
 
So finally in this situation how i have to handle where as i can be safe in fake items as well as 498a.
 

Kindly suggest me.

 

Thanks,

Sanjeev



Learning

 1 Replies


(Guest)
 
My wife has filled 498a,34,3/4 on me and my family by dec.2013 we got bail and CS has-been filled but still charges are not framed.
 
Opinion: First submit an application of dismissal of case,if it is not entertained then proceed with quashing before high court. Put stay on the case and frustrate the opponent. If you will have ample of evidences against her then your quash against false cases will go in your favour making you free in short duration.
 
 
and apart from that wife has filled divorce with alimony(13,14,24,25,27) on family court by Jan-2014.
 
Opinion: What imaginary sections you are telling. Divorce can't be entertained U/s 13 and as well as U/s 14 simultaneously. You wrongly footed here. First make it clear Under what ground and under which section she had filled the divorce.

 
One mediation has-been done in-front of sr. judge and it has been failed. they have submitted lot of jewellery bills and household item bills (around 15 lacks). here some bills are estimated and they have also given 2 lack rs. by cheque payment name of my father.
 
 
Opinion: If you are not satisfied with such bills then file an application before income tax department to verify such bills whether the VAT has been paid on such items pertaining to reality of such bills.File TEP on your loveable wife and in-laws .
Cheque is the valid proof of money transaction. You have to show that cheque money as an expenses on marriage as decided mutually before marriage.
In worst case what ever money or items given on record as stridhan , you are liable to give her. But, the marriage expenses are not entertained in court. So,she can't get the expenses incurred on marriage.
 
 
before case i have been filled judicial separation. now in front of judge i am telling if her parents stop interfere between us then only i can live together but she is not ready ,she wants divorce with huge money. actually i also don't want to live together.
 
Opinion: If you both doesn't want to live with each other thenwhy are you banging your head in court corridors. Sit together and have an amicable talk and part with MCD within 6 and half months.

If she is not ready then let her prove the divorce allegations. But, you have to be active on fighting the maintenance cases. If she is not earning and unable to earn then definitely you are liable to pay her maintainance according you income and status - expenditures and other liabilities directly attached with you, Deriving approx. 1/3 amount of the rest.
 
 
 
So finally in this situation how i have to handle where as i can be safe in fake items as well as 498a.
 

 
__________________________________________
 
Good luck))

ESIS

 

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