renu (consultant) 20 June 2010

498A, maintainance and domestic voilance

Hi,

Since we are troubleing with 498a , maintainance and domestic voilance....

1. 498 A::: my friend got married in 2004 and after 6 months his wife made 1000 of false allegations and filled 498a on him. The boy was not in town on that time, the police came and arrested his father after a month and with a long fight he got bail... the boy was not having good relationship with his father reason the boy did not turned up and and started working in a organization... after 5 years, he got arrested and we spent a lot on lawyers and got intially Anticipitary bail and then permanent bail.. after this fight the girl filled; domestic voilance and after that maintainace.. now what she did.. made 100000 false bills and added in these two cases and trying to prove that they have spent all this in marriage and asking for refund now... our lawyers is not seems willing to do anything neither sharing us the case papers and answers.. we are fed up.. what to do dont understand..

even we want to talk to the girl family (though we feel they will ask for huge amount) but we dont have any one who can intiate, we told our lawyers to please do that on which they replied:: a lawyer can not intiate such things coz its a family issue.. is it so.. what to do ?? what will be next, how to close this..

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 21 June 2010

After 5 years your frnd is arrested and aftter that his wife filed DV ACt. When both were not living together how come she filed the DV act and how come court accepted the petition it is strange.

File a petition in the court seeking the quashing the DV act complaint. You can rely on the karnataka High Court Judgment reported in ILR Kar 2010 669

Adv Archana Deshmukh (Practicing Advocate) 21 June 2010

Please post that judgement ILR Kar 2010 669 or the names of parties, or where I can find it in AIR, SCC, CrLJ etc

Legal Fighter (Advocate) 21 June 2010

Your friend's case seems screwed up. Your friend and you seems educated and you must get yourself legally awared. There are a bunch of NGOs such as "Save Indian Famly" working onto creating legal awareness about 498A and other women beneficial laws. You can search on google.com and get in touch with their local chapter.

No one can help you but you have to help yourself. Just don't be hurry to close this as it is not so simple and you have to be careful.

renu (consultant) 27 June 2010

i want to know if DV and Maintainance are the two seperate cases.. coz i am badly confused. my lawyer says that we have been implicted under both cases but he has given only one paper. please help to understand by below mentioned queries:

1. if they are the two diferent cases ; there should be two papers and two dates of hearings

2.Can a wife file a DV case though she is living seperately from more then 5 years (but 498 A is running)

3. if a boy is the only earning member of family and loaded with family responsbilities will he get relief from maintainance amount

4. Is it mandatory to pay maintainance amount though wife lived with husband for only 7 days

5. If 498 A judgement goes in husband's favour; will this helpful for DV and maintainance case

6. if DV and maintainance both are running in civil court then also can judgement send the husband in jail

7. if wife has filed 498 A from another city and Dv and maintainance from another city, but she is not attending the 498 a hearings and only going for Dv and maintainance as she is looking for money only; will our part can be strong..

8. Can we file divorce meantime to get relief from her atleast

9. Can i get some of the good lawyers contact details in delhi to fight for cases

Please help