488-A/406, 125 CRPC ( HOW CAN I COME-OUTY OF THIS TAUMA ? )

raahat (Querist) 10 November 2010 This query is : Resolved
Dear Experts,

My wife filed a petition U/s 125 crpc as well as a case U/s 498/406 IPC She also filed a suit of RCR which was dismissed as infractuas being not maintainable by the civil court. She also filed a petition U/S 3 of Muslim Women (Protection Right on Divorce) 1986 in which is accepted the divorce but later she withdrawn the same after the dismissal of the RCR and she also started to denied the factum of divorce. The Court has awarded her interim maintainance Rs.4000/- pm and the main petition is on crossing stage of PE. I could not get the opportunity for evidence so in the 125 crpc so i applied 311 crpc which was dismissed. In 125 my wife claiming dt i m earning Rs. 40,0000/- on the other hand in 498-A/406 she is claiming that i m doing nothing and she has maintained to me by doing service but she later denied that she is working although i have placed on record the ESIC certificate but court has overlooked the same. I have divorced as per shariat law but the court insisting on evidence although i have placed all the evidence like Talak-Nama, the reciept of the post.I have served the 13 months JD custody for the non payment of maintainance and her dues is around more than 3 lacs. 6 execution is pehding against me.Can court send me jail / order for attachement once again against the non payment of dues U/s 125.I m absolutly dipressed and at the edge of deteotriation. Although i m paying her on each court date but the court asking me for the balance maintainance.

I filed the revision in the session court right after the interim maintanace order but the same was dismissed. Can i again go for the revision ? if yes, where i file the revision ? it is pertinent to mention here that session court has refused to stay on execution for the payment of maintainance.

Kindly note it that after the interim maintainance order i filed the revision in the session court. The same was dissmissed. I also filed the revision in the Honble High Court against the withdrawl order of the Section 3 of Muslim Women Protection act because in Restitution petition the civil court has accepted that divorce has been effected on ground the defendent (Wife) has herself mentioned the divorce in her Sec 3 (MWPA) 1986 and asking for ailomony for herself.But High Court also dismissed the same as the trial court has open for both parties to lead evidence on divorce in 125 crpc.

1) I want to know whether legal divorce has been effected or not?

2) Is it be beneficial to me file a revison on the present stage of evidence in 125 Crpc as well as in 498-A ?

3) I also want to file an application for the DNA test of one of the defendemt whom i m not the biological father in 125 crpc, will it effect the case?

4) Under what provision can i file the DNA application ? is there any citation on this ?

5) Can the wife also booked the husband Under DV Act after all the above mentioned circumtances and cases ?

6)What remidies are in law for such above mention situations ?

I hope ur worthy guidence/suggestions/advice will help me to over came the tauma i m undergoing for last 10 yrs and still awaiting for the relief.

I will highly appreciate the efforts of respected experts are also wellcome their valuable/worthy suggestions.

Ur adivce in this regard requested and guide me at very earliest. its my request to all the experts kindly consider all facts mention in the Q and advice me accordingly.

With Regards from my heart.

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Guest (Expert) 10 November 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE=9960223100, 9271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com

REGARDING CASES UNDER SEC.125, SEC.498A AND 406 I.P.C. KINDLY NOTE THAT.
1.YOU MAY FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING THE FALSE COMPLAINT UNDER SECTION 498A AND ALSO PRAY FOR STAY OF LOWER COURT COMPLAINT.
2.AGAINST INTERIUM MAINTAINENCE ORDER YOU MAY FILE PETITION TO THE HIGH COURT FOR REVISION OF THE SAID ORDER AND ALSO SUBMIT ALL PROOF ABOUT YOUR CLAIM.YOU MAY SUBMIT DOCUMENTARY EVIDENCE CERTIFIED COPIES OF DIVORCE.
3.KINDLY NOTE THAT MAINTAINENCE AMOUNT IS DECIDED ON THE BASIS OF INCOME PROOF SUBMITED IN THE COURT.YOU MAY CHECK THE DOCUMENTS SUBMITED BY OTHER SIDE AND TARGET THE SAME .GOOD LUCK.