False ipc 498a then restitution of conjugal rights for maint


I got arranged marriage in March 2010, I was working in one of middle east country, so I took her to my country of residence, there we lived together only 3 months, end of third month she got conceived, she returned to Home town (Bangalore), she started live with parents home, after wards she did not come back either to me or her matrimonial home (my parents home in Bangalore). either she was not mingling with my parents nor she was allowing them to visit her parents home.

In due course we had my differences and fights over telephone. I came back to India resigning my job in middle east. Early 2011 we had baby boy. Then I got placed one of MNC in Pune (Maharastra). She did not joined me in pune giving me reasons like she cannot handle baby alone. I started visiting her once in a month in her parents’ home.  In later on stage we  rarely interacting even on phone due to fights over our unhappy married life.

Later in Feb2012 I convinced her to come with me to Pune, she came for a month with her mother along with her to handle baby. Again there were differences aroused about bring my parents to Pune. She went back to Bangalore in the month of May2012 and in July 2012 she filed a false 498a case on me. Once I came out on Bail. I never interacted with her or her parents. Recently Nov2012 she filed Restitution of conjugal rights for maintenance of herself and Baby. She is claiming a handsome amount of 75% of my salary.

My first questing is à I want to understand how the family court see at the case where nor me or my parents asked her to live apart with her parents.

Another questing is  à What are all the chances of any other cases she can put upon me to harass me.

 

Even though I am interested applying for divorce or any counter cases, only due to hesitation on going around the courts. How to get out of this situation?

 

 Thanks,

 

With Best Regards,

Rajashekhar

 
Reply   
 
master

she can file dv also. Now try to arrange details of her qualification and previous jobs if any then through a reference hire a good lawyer and fight maintenence cases. Dont deny to pay maintenence for your baby and also demand visitation right for baby. There is no such fixed formula for fixing maintenence but you can minimise the same by highliting the fact that she deserted you without any reason, she is qualified and able bodied and she filed a false case on you.

Total likes : 1 times

 
Reply   
 


master

restitution of conjugal rights is not ment for maintenence. It is for joining you back and living with you. In such case you can say in court that another cases are going on in between you two so you can join her after withdrawl of all criminal and civil cases on you filed by her. If she agrees for that then get your few conditions accepted and get all disputes resolved then and there. And if you dont want to live with her any more then you can add such conditions for which she will never agree and try to delay rcr proceedings as long as you can by saying that how can she wants to live with me if she wants to put me in jail try to highlight contradiction.

Total likes : 2 times

 
Reply   
 
Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Querist,

 

1. If she is living seperately and deserted you without reasonable cause she is not entitled to any maintenance. The best thing in such a case would be to make a statement in her RCR that you are ready to take her back (if you are). THis way you'd dispel her maintenance claim. However be that as it may, even in a worst case 75 % she won't get - at best 50 %. 

2. Her RCR and 498a are mutually inconsistent and materially contradictory - if she was so harassed why the hell she wants to be back in teh same place ? her RCR greatly improbablises her 498a. 

3. DV act may still be on the cards.

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia


Total likes : 1 times

 
Reply   
 

Dear Rajasekhar,

Yes, You will get DV also soon if you are not bending to her needs. As Mr. Bharath suggested 498a wife coming back is only a half chance, even  through RCR is initiated, it is  nothing but  sort of good drama to stage before judge for leniency

You can strongly argue that "if I am that cruel how she is willing to come back? "

Also if you are strong to proceed for divorce, prooving 498a false is important. False 498a is ground for divorce.

so here goes likely scenes of yoru case:

1. False 498a already happened

2. RCR drama

3. DV case

4. Interim maintenance application 

5. If you show intention to join, and she is not willing, dragging of cases to avoid to show separation period is not in contention

6. Forcing you to go for divorce

7. Then settlement for alimony

8. Drag cases if not getting the above

9. If all chances fail, less revenge attitude/egositic  women comes forward for MCD with possible alimony/Maintenance

be cool, that is need of hour

 


Total likes : 2 times

 
Reply   
 
Worker

IPC 406 is also dangerous

 

 

Indian Penal Code (IPC)

 

Section 406. Punishment for criminal breach of trust

 

Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.


Total likes : 1 times

 
Reply   
 

Thank you for giving me best advise.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu