family court section 26

Querist : Anonymous (Querist) 28 December 2009 This query is : Resolved
sir,
i am an nri,my wife filed a case 498a against my whole family because she cannt adjust with me.her father didnt even call my parents yat insted they filed 498a.my wife send letter to my company saying that i tortured here and she wants my salary as she is not having any incomeas she is a bsc nurse.now she filed a case in family court for getting her shreethan as i didnt even ask her shrethan,though her family gave her 26 soverens of gold that she took back and kept in her home within 4 days.now she is claming that she gave 3 lakhs cash to my parents and 50000cash to me in hand and 36 soverens of gold to me.i hired one lawyer,he is telling that normally judgements will be in favour of wife side only but we can fight.and also saying that they will not check out for proper evedence .in what way i should fight that as i am not in india.since here is financial cricisis,company will not give leave for atleast one year.i dont know what to do becuse the money they claim is fake .what should i do .

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Srinath Kondapally (Expert) 28 December 2009
send me entire case particulars by scanning and mail me the same to:
skondapally666@gmail.com /call:990 8020 994 .
In which state,which court case is pending?

Raj Kumar Makkad (Expert) 28 December 2009
You have not to worry in this matter as this is a routine in India. You should bravely contest the case and should demand the documentary proofs of handing over such large amount and gold. You can even demand the Income Tax Return of the father of your wife, who arranged for such large amount at the time of marriage. Source of spending such huge amount is must to be tole.

I suggest one another way. You can also file a case under section 3 of Dowry Prohibition Act wherein the dowry giver is more responsible. This is a criminal case. If police denies to lodge FIR then you can file a criminal complaint and when this equally important case shall come to the notice of your wife and her family members, definitely they shall ry to make compromise and shall fled from courts.

You are residing outside but you shall have to spare some time to set the things in order. There after you may seek permanent exemption to appear in cases and can even provide your power of attorney in favour of your nearest person.

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family court section 26

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