Maintenance for wife and 498a

Rakesh Malik (Querist) 08 August 2013 This query is : Resolved
Sir I am very much tensed as my wife is pressurizing me and my family for money. Believe me my case is real. Let me tell you truth. My wife has affair with the devar of her elder sister. That person is already married for six years and he too has filed divorce case. I have call recording of my wife with his boyfriend in which they are talking romantically. Sir actually the true story is this, my wife run away with his boyfriend who is devar of her elder sister. That boy is also not at his home for last 7 months. My wife is also not at her father home. Now she is saying that she lives with her bua (father's sister).I don't know her address. The day on which my wife left my home my father in law made the missing complaint of her in local police station. In his complaint my father in law mentioned that in laws of my daughter never demand dowry, never physically or mentally harassed her daughter.

After 7 days the day from which my wife left my home, she made a complaint in local police station accusing me and my parents for dowry and harassment. When police came to my home we showed the copy of complaint made by my father in law. The investigating officer filed the complaint made by my wife and no action taken by police against us.

It is the incident of january 2013. In march 2013 my wife lodged a complaint in crime against women cell. When we get the summon we went to caw cell office. My wife asked for return of dowry and divorce in front of investigating officer. She submitted a false dowry list. But we had actual list signed by her father and her elder brother. When we showed our list that list was accepted by caw cell and we were given a date to return the dowry goods in CAW cell.

When we went to return the dowry goods my wife refused to take the dowry goods and asked for 15 lakhs as compensation. The CAW cell investigating officer told my wife that as we returning the stree dhan, 406 can not be imposed on us. But 498 A can be imposed. CAW cell give us new date to come with the statment of her father in which he has mentioned that in laws of my daughter never demand dowry, never physically or mentally harassed her daughter. Sir please help me. I just want to know:
1) Can 498 A be imposed on us?
2) How much maintenance my wife is entitled for?

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Raj Kumar Makkad (Expert) 08 August 2013
1. No such case is maintainable against you keeping in view the complaint of your father in law.

2. It depends upon your income.

V R SHROFF (Expert) 08 August 2013
MTN OF ABT 5K P M , IF YOUR INCOME IS WITHIN 20K,IF MORE IT CAN BE UPTO 30% OF YOUR SALARY OR INCOME.

You can fight on grd that she left on her own, and never neglected or refused her to maintain.

498A u hv to defend or Quash on grd of FIL statement+ his Witness.