False case of 125 Crpc, fearing 498A against me & my family
A. Rasheed
(Querist) 10 February 2011
This query is : Resolved
Hi All,
I'm a muslim, 27 years old. I got married last year in April. It was a love cum arranged marriage. My wife is from Lucknow and we were working in the same company in Delhi for past 4 years.
She had this psychological problem, thinking everybody was against her. Not just in office but in personal life,against me and my parents as well. A month back she filed a false case against me under sector 125 crpc, saying I divorced her and made her quit her job. She also mentioned that me and my family used to torture her for dowry.
We never took a single penny from her or her family but she made a false list of items saying I have kept these with me. She hardly stayed in Sasuraal for 5 days. She used to threaten and abuse my family without any reason. One day after an argument, she left for her parents house and filed the case against me. She now demands Rs 5000 as maintenance considering my salary which is 15000.
She abandoned me without any reason and is not willing to come back. I've tried talking to her, went her to bring back, but to no avail. She is now asking me to stay with him in Lucknow but I cannot due to my job and responsibilities.
I'm in no mood to pay her compensation. I have filed an RCR and an information act against me and my family coz i fear she might file 498 against us. She took away all the jewelery with her and the Nikahnama as well. She is saying I have given her Talaaq 3 times as per Shariah and her parents are her evidence.
Can court grant her maintenance and divorce according to Muslim law? I have not done anything wrong and willing to take her back but she is after my money.
What can be done if she is not willing to come back to me? What steps should I take against false maintenance and what should be done to avoid 498A? I have to appear before the court on Feb 28th. Is it necessary to appear before the court?
I'm in urgent need for an advice. Please HELP?
Regards.
Ajay Bansal
(Expert) 10 February 2011
You will have to pay her maintenance u/s 125 Cr.P.C, if she is having no source of income.As far as section 498-A of IPC is concerned,file a divorce petion against her before she file a complaint u/s 498-A of I.P.C.
A. Rasheed
(Querist) 10 February 2011
Thanks Ajay Sir. She has a prior 4 years of work exp and a M.com graduate.
Apart from that, she is living with her mother, a government teacher earning 25000 pm, so there's no way she cannot maintain herself.
Can this be taken into consideration?
Regards.
M V Gupta
(Expert) 11 February 2011
It is really unfortunate that an educated woman is doing all this to her husband. Is she mentally OK? As regards ur query whether the court can grant her maintenance, it is suggested that u may resist her plea for monthly maintenance under second proviso to Sec 125(3) of CR.PC by offering to maintain her on condition that she comes to live with u. U should also disprove all her allegations of crulety etc. Pl discuss with ur Advocate and do the needful. Court will not grant divorce under Sec. 125 of Cr.P.C.
A. Rasheed
(Querist) 13 February 2011
Thanks Mr. Gupta. I have actually filed an RCR saying i want her back and also disapproving her allegations, which is highly unlikely that she would come back to me. How would this help?
Was she mentally ok? Yeah..she surely did have some psychological problems, thinking everybody and everything was against her. Not just in her personal life, but in her professional life as well. And the major part being her family, always trying to fill crappy thing in her mind about me & family. Every now and then she would leave the place and threaten me for divorce.
She wanted me to move to her town and live their with her family which was completely against my will. and perhaps the cultural difference between our family, she just couldn't digest it. Although we had a very brief discussion about the same before getting married.
Can Muslim Law come into my picture? She has mentioned I have given her Talaaq(3 times) and her parents are the evidence (completely false). Can court grant divorce, just by these mere evidences? What if she decides not to come back to me, and files a divorce petition. Can the court still grant her maintenance even I'm willing to take her back?
Thanks for all your advice.
Regards.
