498a
A.Satheesh Kumar Reddy
(Querist) 25 October 2012
This query is : Resolved
Dear Sir,
My wife filed 498a case in a session courts on 14-Nov-2011.The case was examined till now. She again filed a interim asking for maitenance on Feb-2012, and court granted 3000 rs maintenance for every month. i am paying her for last six months. The judge has clearly in the order the final maintenance only after the case is heard and judgement given. She left the kids and went to her parents place. She filed case against me and my father, that we throw her out from my home and during that period i was aboard and have a valid visa with tickets. My dad and me are visiting court almost every week. Now she has filed a case saying she need additonal maintenace in district court. The court hearing is next 30-oct for the new case.We have all proofs saying that 498A case was totally false case, but the case was not heard since they have filed four interims tills now.
Her father was Additoinal district judge in the same court and almost worked for 15 years in the same district. So they keep filing the cases since they know poeple.
But we have good lawyer and he helps us out.
Please help us in letting us know any additional things which can help us in fighting the main case. Since dad is retired and we have great trouble, since i have to travel 650 km one way every alternate week. I have two childrens also to take care and need to concenrate on my work.
Please advise,
Thanks & Regards,
Satheesh
ajay sethi
(Expert) 25 October 2012
make an application for exemption from personal appearance for your father as he is old retired and has to travle 650 kms to attend court . as far as maintenance is concerned depends upon facts of the case . you have a good lawyer . go by his advise
A.Satheesh Kumar Reddy
(Querist) 25 October 2012
Already court has granted 3000 rs maintenace as interim order based on documents provided.Now the case is not even enquired and none of the facts have been verified. Already without verification they granted money.
ajay sethi
(Expert) 25 October 2012
interim maintenance is granted by court as trial may take couple of years . your wife needs money to sutain herself . inorder to enable wife to sutain herself interim maintenance is awarded by court
A.Satheesh Kumar Reddy
(Querist) 25 October 2012
So the new case which she has filed in another court, to enhnace interim maintenance. So new court can enhance the interim maintenance while the old case is in progress in another court.
Arun Kumar Bhagat
(Expert) 25 October 2012
You have the option to challenge the maintenance amount in Higher forum but I do not think that Higher Court will reduce the amount.
