498a and 125

Querist : Anonymous (Querist) 29 May 2010 This query is : Resolved
Hi Sir,

1. I am muslim, got married with muslim girl on Nov 2007.
2. Filed RCR in 2009. Noticed served, gazate publish, no one appear. In 10 march 2010 got RCR disposal in the light of Talak.
3. Got talak certificate from Imayat Sharia. Three witness present for talak.
4. She filed 498a on 08 March 2010 against all family member. This month expecting to have congiance from court.
5. She filed maintenance under 125.

Please advice.
a) Is 498a can be quash at highcourt with RCR ground?
b) Maintenance should be under muslim protection 1986?
c) Any complication since talak already done?

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Guest (Expert) 29 May 2010
1 YOU MAY FILE A WRIT PETITION UNDER SEC.482 OF CRPC FOR QUASHING COMPLAINT UNDER SEC.498A OF I.P.C.
2.WIFE CAN CLAIM MAINTAINENCE UNDER SEC.125 OF C.R.P.C.
3.YOU MAY TAKE DEFENCE THAT TALAQ ALREADY DONE AND SUBMIT COPY IN THE COURT.AND HIGH COURT ALSO .

THANKS.

Vijyant Nigam (09807349001) (Expert) 29 May 2010
if the FIR is lodged under section 498a then u can file writ petition under article 226 constitution of india for quashing of the FIR and if 498a imposed on u by the chief judicial magistrate in complaint case then u can file revision either before session judge or hon'ble high court or application under section 482 Cr P C against the order of CJM or ACJM as the case may be.
vijyant nigam
advocate
09807349001

Devajyoti Barman (Expert) 29 May 2010
Repeated query.

Khaleel Ahmed (Expert) 04 June 2010
You are advised hereby that, there is no scope of filing writ petition, writ may be dismissed. Defend the case in trial court.
125 Cr.Pc ie., maintainence petition filed by your wife. You file counter stating the facts of divorce. She will not be entitled for maintenance as per 125 cr pc. She have to file petition under MWPROD Act of 1986.

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