Dp act 3 against falce 498a

Riyaz (Querist) 16 April 2012 This query is : Resolved
Helo Sir I am Riyaz Indian Muslim after marriages 10th day she left my house and not returned after six years she directly filed 498a by falce statemets I got remaded and suspended from my A.P.Govt.job still from 24 months in suspended and she also filed 125 crpc my quistion is can I file any DP act 3 on them which is anti dowry act the giving also crime and can i defend that 125 crpc by proving the she left my house and not eligible for maintinence pleace answer me very thankfull to all.

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Shonee Kapoor (Expert) 16 April 2012
As you are suspended, the maintenance which she would get would anyways be minimal. Also, proving that she deserted you is a thing which can be proven after a full trial, interim maintenance would need to be payable anyways.

Regarding DP3, I am not a great supporter of it. Though there have been some success stories but not much.

Start attending local SIFF meetings and join http://forum.498a.org/

If you think that undersigned can be of any assistance, feel free to get in touch.

Regards,

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

Riyaz (Querist) 16 April 2012
Thankyou verymuch for immediate answer to me

Deepak Nair (Expert) 16 April 2012
Well advised by Mr.Shonee Kapoor

M/s. Y-not legal services (Expert) 16 April 2012
am also endorsing the view of our shonee ji's..

-tom-

Sudhir Kumar, Advocate (Expert) 16 April 2012
agreed with Mr Kapoor

Guest (Expert) 16 April 2012
Please note, subsistence allowance received by a Government servant during suspension period is not subject to any court attachment. So, the fact of your suspension must be brohgt to the notice of the court of law and submit to the court that being under suspension you cannot afford maintenance.

Raj Kumar Makkad (Expert) 16 April 2012
There is no such case law in support of the plea of Dhingra ji but definitely you can raise this issue while replying to the application filed by your wife under section 125 Criminal Procedure Code so that she may be duly pressurized.

Riyaz (Querist) 17 April 2012
Dhingra ji thanks for your valuble advice but present i am getting sustitute allowance 75% of my salary so they prodused my salary cirtificate of substitute allowance and demanding the court 5000/- as i am getting 85000/- and bank atachement of loan 2500/- so please let me known how can I noticed the court of law that I cant give maintinence due to suspention? thanks in advance

Riyaz (Querist) 17 April 2012
*8500/- mistkenly typed

Shonee Kapoor (Expert) 18 April 2012
I also don't find any merits in what Ld. Dhingra Ji said.

If they produced the certificate of 8500/- in no way they would get 5K as maintenance.

Regards,

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

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