498-a/406 and 125 crpc

Querist : Anonymous (Querist) 01 October 2011 This query is : Resolved
RESPECTED EXPERT,

MY ABOVE MENTION CASES ARE PENDING IN THE COURT. I M REGULARLY PAYING INTERIM MAINTANANCE AS A DEFALTER AFTER HAVING AROUND 13 MONTHS JC BUT THERE ARE ABOUT 2.50 LAKHS OUTSTANDING. MY WIFE IS CLAIMING RESIDENTIAL PLACE.

CAN SHE CLAIM RESIDENTIAL PLACE UNDER 125 OR 498-A ?

CAN SHE CLAIM IN DV ACT ?

WHAT REMEDIES IS AVAILABLE FOR ME IN LAW ?

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Querist : Anonymous (Querist) 01 October 2011
HAVING 13 MONTHS JC WILL BENEFITTED TO GET REDUCE D OUTSTANDIG AMOUNT ?

Raj Kumar Makkad (Expert) 01 October 2011
There shall be benefit for the month of your judicial custody. Your wife cannot claim residence under the presently filed cases but she may certainly claim in DV Act.

The best remedy for you cannot be written here.

Advocate M.Bhadra (Expert) 01 October 2011
This an open forum,any advice given here may be benefited the complainant,you should consult with a local Criminal Lawyer.

Shonee Kapoor (Expert) 01 October 2011
She can get residence rights in DV and HAMA 18.

JC won't reduce the amount in CrPC 125, it doesnot nullify, but just postpones the payment.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 02 October 2011
THANX ALOT THE EXPERT 4 UR GR8 ADVISE

BUT CONFUSION HAS ARISES AS MR. KAPOOR SUJUSTING THAT JC WONT BENEFIT AND REDUCE THE MAINTAINANCE ON THE OTHER HAND MR MKKAD IS SAYING IT WILL ?

WHAT BENEFIT IS LIES CAN EXPERT HINT ME LITTLE SO THAT I TRY TO COME OUT 4M THE TRAUMA I M GOING THROUGH.

I HAVE DISCUSS WD MY LAWYER MANY TIMES ON THE SUBJECT BUT HE SHOWING ME NO HOPE EXCEPT TAKEN THE WIFE BACK AND CONTINUE TO MAINTAIN HER AND RECONCILE WD HER INSPITE OF HER ILL DEEDS

Chanchal Nag Chowdhury (Expert) 02 October 2011
Your remedy depends on a No. of factors which may aid in mitigation of your sufferings e.g., If your wife has income & U don't, U may go for reverse MAINTENANCE.

Raj Kumar Makkad (Expert) 02 October 2011
Principally the suggestion of your lawyer is good but you do not want to go on those lines so is the main problem.

Querist : Anonymous (Querist) 04 October 2011
Makkad Sir,
do u expect a person after getting so much humiliation reconcile with the habitual litigator who has no respect with whom she has an oath spending the whole life. Such wife who just marry for to have mask of husband and lives 4 odrs. please dont mind it sir.

i was expecting a true solution of my problem but i still haunting ?

whether filing a Divorce on cruelty is good option ?