Cases filed under section 498a and 125
Sundram N
(Querist) 09 October 2012
This query is : Resolved
Dear Freinds,
kindly suggest that bail of all the family mambers granted by session judge and now session court is sathe saying again and again to call the main accused in anticipatory bail hearing. the judge at last said that he will give protection order to husband to present before the court. wife is saying to compromise the case and she desire to stay with husband.husband does not want to stay with such type of ladies who made the such type of the hated theory to implicate all the family mambers in such false case.
she was laready engaged in service of a private firm and her return of tax was filed showing 18000/- pm as income. she is having good qualification. now after lefting the husband's home, she firstly filed 498a and then demanded Rs. 50000/- pm as maitenance and now filed 125. husband income from salary is 44000/- and liability is housing loan Rs. 9000/- and personal loan from bank Rs. 14000/-. dependent on husband is old age parents and brother who is student but married.
wife has taken two children by foecefully for extracting money from husband by way of maitenance. wife is very cruel as she always abused husband and husband has recorded the abuse in mobile. she on time abused and threaten to husband to knife or give poision to children and such statement is also recorded in mobile.
My quistion is :-
1. husband can present before the court in AB hearing ?
2. Husbnad can claim custody of children age of 7 & 8 years.
3. How much amount can be sanctioned by the court as maitenance to wife ?
4. How much amount can be sanctioned by the court as maitenance to wife in the name of children ? husband has suspision that she will expend the money on his children or not it is very dangerous matter because she always attempt to extract money from husband to give her parents.
5. How to secure the future of children?
6. IO of the case 498a is in under investigation so in this circumstances, can husband attend before the IO ?
kindly give valuable suggession.
ajay sethi
(Expert) 09 October 2012
yes attend before the sessions court for hearing of Ab .
if wife is earning rs 18,000 a month she wont get maintenance . husband has dependent parents and housing loan of rs 9,000.for children court will award maintenance ofaround rs 10,000. (estimate)
husband will not get custody of minro children .he can claim visitation rights
Sundram N
(Querist) 09 October 2012
Dear Sethi Ji,
Net cash of Husband is 21000/- ( salary 44000-9000(home loan) and 14000 as personal loan EMI total of Bank is 23000/- pm is paid by the husband.
sir, can you relook the matter, how the court can order Rs. 10000/- pm. but payment of 10000/- directly to shop and education center can not be problem but payment to wife will be misutilised and not fity persent will be utilised on children.
kindly suggest.
