False 498a and false telling in ws
shrihariji
(Querist) 10 October 2011
This query is : Resolved
sir, me and my wife live saperately since 4 yrs. she had with me only 2 month after our marriage . we had a baby girl 3 years old.she had done sec-125 against me . she is under totaly command of her mother so she had done like that . But i want she and my child .so i had done H.M.P. against her to come with me and live with me. she had done sec-24 against this application.After so many interruptions of our family friends and my lawer she had come with me but she had refuse to withdraw her cases ,though i aggreed because to save my married life and for the future of my child.
But after living with me only 23 days she returned to her house and put Sec- 498 a against me.I was shocked at that time. me and my parents on Bail right now...
In court ,in case of sec-125 in cross-questioning, she had refused to come with me Not even given sure guaranteed to protect her (!!!!!!!).
So i had withdrawmy H.M.P.but her lawer did not agreed to withdraw my application and finally court had ordered 2000/= p.m. from the starting of the case.Sir, she is working as a teacher and getting 5000/=p.m.and after 2 yr. she will get 14000/= p.m.( SHE HAD WRITTEN IN HER STATEMENT IN COURT THAT SHE DIDN'T DO ANY KIND OF JOB, BUT I HAD SUBMITTED PROOF IN COURT ALREADY ... THOUGH SHE REFUSED TO ACCEPT THAT ...) Sir, my salary is Rs.40000/=
1.SIR SUGGEST ME WHAT SHOULD I DO?
2. DURING MY CROSS-QUESTIONING HER LAWER ASKED ME TO SUBMIT MY PANCARD COPY AND MY LAST 3 YR IT RETURN. SIR SHOULD I HAD TO SUBMIT THAT ? SIR, REPLY ME SOON . I M VERY TENCED.
Sir, her lawer asked me during my cross - questening about submitting my pan card copy and IT return.
what should i do?
Pl. reply to me
Regards,
Shonee Kapoor
(Expert) 11 October 2011
Dear Friend,
Sec 24 can be allowed from the date of application till date of withdrawl of sec 9.
It was a mistake to bring her back.
Now the cases need to be fought on merits only.
You don't need to submit any ITRs unless the court asks you to.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 11 October 2011
YOUR PETITION ON HER WAS NOT A GOOD CHOICE ON YOUR PART AND BRINGING HER BACK WAS AN ADDITIONAL MISTAKE, INTERIM TILL DATE OF WITHDRAWAL WOULD BE GRANTED AND ALL CASES YOU NOW NEED TO DEFEND WITH VIGOR.125 CAN ALSO BE AWARDED TO HER AS YOUR SALARY IS MUCH GREATER THAN THAT OF HER.COURT MAY ORDER YOU TO FILE YOUR SALARY SHEET.
Guest
(Expert) 11 October 2011
I agree with S/Shri Shonee Kapoor and Prabhakar ji.
shrihariji
(Querist) 11 October 2011
Dear Sir,
I AGREE WITH U .. BUT I M CONFUSED ABOUT THE SUBMITTING OF MY PANCARD WHAT HER LAWER ASK TO SUBMIT DURING MY CROSS EXAMINATION IN 125.
AS U REPLY I DON'T SUBMIT TILL COURT ORDERED,BUT HER LAWER ASK ME TO SUBMIT THAT DURING MY CROSS EXAMINATION IN 125 .
SIR,I ALSO DONT WANT TO GIVE THAT ,SO WHAT SHOULD I TELL IN MY NEXT HEARING ???
Arun Kumar Bhagat
(Expert) 11 October 2011
In case of non-production of IT return for last three years as desired by the Opponent Counsel may lead to an adverse presumption against you as per 114 (g) of Indian Evidence Act. It shall go against you.
ajay sethi
(Expert) 11 October 2011
no harm in producing your in come tax returns . if you fail to produce suspicion may arise in the mind of court that you are deliberately seeking to surpress certian facts .
at present you are earning rs 40,000/and your wife is earning only Rs 5,000. in addition you have a daughter aged 3 years old . in today world rs 5,000 is peanuts and you should willingly pay some maintenance as directed by court .
shrihariji
(Querist) 11 October 2011
Sir,
I do agree .
But sir,she is the only daughter of her parents . her father is bank manager with good salary and she is going to her job daily by her four wheeler.
Also she had govt. job which she dont describe in her WS.
I had already pay 40000/= in my Sec-24 case also.
Sir, MY MAIN CONCERN IS I DON'T WANT TO DISCLOSE MY COMPNY NAME WHERE I WORKED .
BECAUSE IN MY EARLY COMPANY HER FATHER IS PRESSURISED ME TO LEAVE THAT JOB BY APPLYING HIS POLITICAL PRESSURE....
HER LAWER ASK ME IN COURT "SHE WANT TO COME BACK AND REJOIN WITH ME " BUT SIRNOW I FRUSTEDED AND DON'T WANT TO LIVE WITH HER. WHAT SHOULD I ANSWERED????
