Wife's Contradicting Statements


Hello all,


I'm from Gwalior (MP) and my soon-to-be-ex is from Kanpur (UP), unfortunately we got married in the year 2010. It was a HINDU WEDDING.My wife lived only for 2 months at my house and left for her parents home,never returned since then. During the time her behaviour was very rude. she used to quarrel almost everyday with my younger sister and mother. Our married life was also very stressful.

 

we tried many times to make her understand things and went to kanpur qiute a few times but her family insulted us every tym but did not file HMS Sec 9 RCR

 

After 1 year of separation she filed a false case of 498A against me, my mother and younger sister in which we got bail. Then in Feb 2012 she filed CrPc 125 in which she is entitled to get 7000/- per month as an Interim Maintenance.

 

In June 2012 I also filed HMA Sec 13 (A) on the basis of mental cruelity and desertion of marital happiness which is running in Gwalior's Family Court. In the Mediation Phase (Counselling) my soon-to-be-ex said she also wants to take Divorce if I return her belongings and jewellery (which she has already taken with her a when she left home). She also applied for Travelling Allownce undr sec 24 in which I'm giving her 1000/- per visit.

Now The Questions Are-

1.if she also willing to take divorce then why she lodged complaint against me under sec 498 and CrPc 125 ??

 

2. do the statements given in MEDIATION affects the judicial proedure i mean as she is contradicting her statements will it be considered in the court??


3. If i win the 13 (A) case will the outcome of it affect the other cases filed by her (498A and CrPc 125) ??

 

Please Give You Honest and Unbiased Opinion

 
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Bangalore

Originally posted by : ashish kumar


Hello all,


I'm from Gwalior (MP) and my soon-to-be-ex is from Kanpur (UP), unfortunately we got married in the year 2010. It was a HINDU WEDDING.My wife lived only for 2 months at my house and left for her parents home,never returned since then. During the time her behaviour was very rude. she used to quarrel almost everyday with my younger sister and mother. Our married life was also very stressful.

 

we tried many times to make her understand things and went to kanpur qiute a few times but her family insulted us every tym but did not file HMS Sec 9 RCR

 

After 1 year of separation she filed a false case of 498A against me, my mother and younger sister in which we got bail. Then in Feb 2012 she filed CrPc 125 in which she is entitled to get 7000/- per month as an Interim Maintenance.

 

In June 2012 I also filed HMA Sec 13 (A) on the basis of mental cruelity and desertion of marital happiness which is running in Gwalior's Family Court. In the Mediation Phase (Counselling) my soon-to-be-ex said she also wants to take Divorce if I return her belongings and jewellery (which she has already taken with her a when she left home). She also applied for Travelling Allownce undr sec 24 in which I'm giving her 1000/- per visit.

Now The Questions Are-


1.if she also willing to take divorce then why she lodged complaint against me under sec 498 and CrPc 125 ??

 To extract money from you.



2. do the statements given in MEDIATION affects the judicial proedure i mean as she is contradicting her statements will it be considered in the court??

Mediation center will submit its report to the judge, as to whether they were succesful or unsuccesful.  And there wont be anything in writing.  Even if something is given in writing by either of the party, it wont have much effect as no green sheet will be used to record such details.   Ultimately, the mediators report as to success or no success will be taken.


3. If i win the 13 (A) case will the outcome of it affect the other cases filed by her (498A and CrPc 125) ??
Yes.
 

Please Give You Honest and Unbiased Opinion

 
Reply   
 



 

1.if she also willing to take divorce then why she lodged complaint against me under sec 498 and CrPc 125 ??    

 

This is modern age nari legal right when she goes of from your house she has a right to file such cases against her in laws

 

2. do the statements given in MEDIATION affects the judicial proedure i mean as she is contradicting her statements will it be considered in the court??

 

Those statements wlll be considerered


3. If i win the 13 (A) case will the outcome of it affect the other cases filed by her (498A and CrPc 125) ??

 

yes there will be effect on other cases

 
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Bangalore

All contradictory statements given by your wife, will eventually help you win the case.



 
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she gave contradictig statements in MEDIATION only not after that.. and as per your opinion WHATEVER she said in the Counselling does not have impact on the case. Please thow some more light on this topic

 
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she gave contradictig statements in MEDIATION only not after that.. and as per your opinion WHATEVER she said in the Counselling does not have impact on the case. Please thow some more light on this topic

 
Reply   
 
Worker

 

1.if she also willing to take divorce then why she lodged complaint against me under sec 498 and CrPc 125 ??

 

its a pressure tactic.

filing 498a does not cost anything to the wife - its absolutely free for her

such cases make the husband run around the courts in her town.

also the husband has to pay to the lawyer.

meantime husband has to pay maint. to wife also.


so wife actually says : if u want to avoid all this, give me money - i will agree for divorce :)


it pressurizes the husband to give a huge money to the wife at the time of divorce.

 

 

2. do the statements given in MEDIATION affects the judicial proedure i mean as she is contradicting her statements will it be considered in the court??

 

only outcome of mediation = success / failure report. no detailed statements of any parties are recorded. so her contradictory statements wont come on record. forget this point.


3. If i win the 13 (A) case will the outcome of it affect the other cases filed by her (498A and CrPc 125) ??

 

these are separate cases and will run on their own merits and facts.

 

125 is applicable even after divorce.

 

498a has nothing to do with divorce.

 

the alleged cruelty can not be condoned merely on the basis that the spouses are now divorced.

 

(understand this legal proposition)

 

fight each case on its own merits.

 

prey to god :

Dont put me in India as a Male in next birth.

Baki kuch bhi banao --- kutta / billi --- kahi bhi dalo ... but Indian husband mat banao !

 

Jai Hind.


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Consultant

ashish kumar @ For a seasoned lawyer to answer your query, it would require few facts from yourside -

1) Is you and your estranged wife is working? If yes, what's the take home income of yours and your wife?

 

2) Did you contest for Interim Maintenance in high court? If lower court has allowed the decree of Interim Maintenance then get a stop order and contest the same in high court.

 

3) In 498a case, how much dowry (total amount) your estranged wife has claimed been given to you. Does anyone of your in-law is in government job?

 

3) In mediation phase, did your wife has given you any written statement that she also wants divorce from you? Do you have any written statement which says that she wants to be seperated from you?

 

4) Does your lawyer has put any counter case on your estranged wife and her parents i.e. 471, Dowry Prohibition Act 1961 - 12B (giving the dowry)?

 

Net Result - You'll get the divorce under HMA Sec 13 (A) in two years. Would be paying around salary for 1 year (if your wife is educated&working and you're earning pretty good) OR 3-4 years salary (if your wife is neither educated nor working) in period of 4-6 years.

 

Mango

 
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Answers regarding Queries put by Mango -

1) Is you and your estranged wife is working? If yes, what's the take home income of yours and your wife?

ANS- NO ! she isn't working but has got an MBA degree regarding which we mentioned that she is professionally qualified and taking tutions at home but the Court didn't consider that as we failed to provide supporting evidences. Neither she worked after doing Masters In Management.  Rs 7000/- per month is being awarded to her as an IM.

I'm Science Graduate running chemical factory based in Gwalior.

2) Did you contest for Interim Maintenance in high court? If lower court has allowed the decree of Interim Maintenance then get a stop order and contest the same in high court.

ANS- NO ! as I've already spent so much in the case and litigation and more of it challeging Lower Court's Decision will make me spend 8000/- to 10,000/- more. As per my lawyer's opinion this much has to be paid even if I challenge the decison or High Court will make very few changes in the order. 

3) In 498a case, how much dowry (total amount) your estranged wife has claimed been given to you. Does anyone of your in-law is in government job?

ANS- My wife claimed that they spent 20 lacs in the wedding out of which 3lac were given to us for purchasing AC, LCD, Bedroom's furniture etc from Gwalior as it would make it difficult for them to purchase from Kanpur and bring to Gwalior. In addition they said in 498 complain that we asked for 10 lacs and a luxury car more which is false.

Yes, My Father-in-law served as an Govt Employee but got retired in 2008.

4) In mediation phase, did your wife has given you any written statement that she also wants divorce from you? Do you have any written statement which says that she wants to be seperated from you?

ANS- YES! In the counselor's report it was written that she wants to separate from me if I return all her belongings and the cash expenses made my her parents in the wediing with the signature of two of us. I claimed that she has taken all the belongings with me and deserted me.

4) Does your lawyer has put any counter case on your estranged wife and her parents i.e. 471, Dowry Prohibition Act 1961 - 12B (giving the dowry)?

ANS- NO ! My lawyer has not put up any such counter case on them.

 

Please reply !

 

 


 
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