Please give your valuable suggestions; i am going through a lot of pressure.
Raj
(Querist) 18 December 2013
This query is : Resolved
Please give your valuable suggestions; I am going through a lot of pressure.
Got married in Feb 2012, wife left in September and filed dowry case (498a, DP act3,4&5) in the month ofSep 2012 and got bail after five days of remand and
filed D V C demanding 30 lakhs for one time settlement 0r 25000 rupees for house holds & monthly 5,000 rupess for expenses
also filed Maintenence case for motnhly she needs 20000 rupees and Interm maintenence 8000 PM.
After Gap of 6 months April 2013 i have filed Divorce case because of her rude behaviour.
Their allegations in dowry case are
a) Gave 5 Lakhs at the time of marriage and we demanded for One lakhs of rupees and some house holds (these are false allegations) and
mentioned false statement they gave 15 tulas gold at the time of marriage.
My Questions are :
1) What evidences they require to show that they gave dowry and I demanded for additional dowry.
2) I am getting 35K per month as salary and she is non-working MBA Post Graduate(Before marriage she worked as software Engineer for 3 years - I tried to get that evidence as she is capable of earning but unfortunately that organization closed due to some reasons).
How much I will lose as interim maintenance/final maintenance in both the cases such as DVC and other maintenance case.
3) Can she get maintenance from two cases i.e. DVC and other maintenance case
4) Also i have voice recordings she mentioned need divorce and settle some amount and also stated If she stay with me she will sucide and write my name on the sucide note.
5) Also she mentioned in 498A and DVC files as a Private Employee.(Is it helpful for to reject the maintenence case.. ?) .
5) What should be my next steps? & Voice recordings will accept the court ?
> Wife filed 498a and warning me that she can take half of my salary in Maintenance .
T. Kalaiselvan, Advocate
(Expert) 18 December 2013
False dowry demand and DV case and maintenance case u/s 125 Cr. P.C.
1) What evidences they require to show that they gave dowry and I demanded for additional dowry? The burden of proof will lie on them to prove their case,just wait and watch
T. Kalaiselvan, Advocate
(Expert) 18 December 2013
2) I am getting 35K per month as salary and she is non-working MBA Post Graduate(Before marriage she worked as software Engineer for 3 years - I tried to get that evidence as she is capable of earning but unfortunately that organization closed due to some reasons).
How much I will lose as interim maintenance/final maintenance in both the cases such as DVC and other maintenance case.
There is no fixed parameter to decide about the quantum of maintenance,generally it is considered on the facts and figures the petitioner submits and the denial with substantial evidence by the respondent and the other factors like the social status of the respondent and an equal status to the petitioner,the petitioner's qualification and earning capacity etc. Again it is the discretion of the judge which will have a final say.
T. Kalaiselvan, Advocate
(Expert) 18 December 2013
3) Can she get maintenance from two cases i.e. DVC and other maintenance case
Yes, there are provisions for that but the quantum may be reduced in the latter case considering the award in the previous case.
T. Kalaiselvan, Advocate
(Expert) 19 December 2013
4) Also i have voice recordings she mentioned need divorce and settle some amount and also stated If she stay with me she will sucide and write my name on the sucide note.
You may present this evidence in your possession in the form of an exhibit evidence before the court which may or may not make an impact considering the veracity of such evidence. The evidence should have authenticity.
T. Kalaiselvan, Advocate
(Expert) 19 December 2013
5) Also she mentioned in 498A and DVC files as a Private Employee.(Is it helpful for to reject the maintenence case.. ?) .
5) What should be my next steps? & Voice recordings will accept the court ?
> Wife filed 498a and warning me that she can take half of my salary in Maintenance .
First obtain the certified copies of the said petitions containing the alleged averments, cross examine her on the subject, make her to confirm her employment status, if she confirms her employment,the details of which may be disclosed before the court to be recorded during the examination of the witness will certainly make an impact while deciding about the grant/award of maintenance amount. Do not pay heed to the rumors spread by her in this regard, contest the case on merits, followup the case meticulously through your advocate.
V R SHROFF
(Expert) 19 December 2013
Expert Shri TK had explained you all points in detail, taking a time and efforts that are apreciated.
abt 498A ect, do not worry..
U filed Divorce , is pre-matured. , u shd hv waited.
mtn , the second order will be adjusted against the First Order. ,
SC ruled, a educated wife, working previously may not get mtn , as capacity to earn.
Devajyoti Barman
(Expert) 19 December 2013
1.Onus of proof s upon prosecution that they gave dowry. You just chill.
Devajyoti Barman
(Expert) 19 December 2013
2. The maintenance hovers around 1/4th to 1/5th of husband's income.
Devajyoti Barman
(Expert) 19 December 2013
3. Yes unless the court directs otherwise.
Devajyoti Barman
(Expert) 19 December 2013
Voice recordings are not sufficient to avoid maintenance but would be a vital piece of evidence in 498A case.
Do not worry.
Keeping a brave front in all circumstances is the strategy to win in this battle of wits.
ajay sethi
(Expert) 19 December 2013
well advised by experts
Raj
(Querist) 20 December 2013
Thank you all for your immediate responce
ajay sethi
(Expert) 20 December 2013
thanks for your appreciation
Raj
(Querist) 22 April 2014
We are not living together more than 1.7 years . Is there any possibilities to grant divorce because there is no communication, love and affection between both.
Is there any rule or process, It is not possible to live together.
Raj
(Querist) 27 April 2014
We are not living together more than 1.7 years . Is there any possibilities to grant divorce because there is no communication, love and affection between both. Is there any rule or process, It is not possible to live together.
Raj
(Querist) 06 May 2014
Is there any chance to get divorce asap
Raj
(Querist) 18 November 2014
Dear experts suggestions needed.
I have another concern .
My father gifted one property to my name before the marriage .Is there any possibilities wife demand share for that property .
Also please suggest .
we are not living together since 2 years and i have filed the divorce on Feb 2013 and still that is in process and we filed divorce based on wife cruelty
Is there any chance to get the Divorce asap .
Raj
(Querist) 03 December 2014
Dear experts suggestions needed.
I have another concern .
My father gifted one property to my name before the marriage .Is there any possibilities wife demand share for that property .
Also please suggest .
we are not living together since 2 years and i have filed the divorce on Feb 2013 and still that is in process and we filed divorce based on wife cruelty
Is there any chance to get the Divorce asap .
