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Sourabh   27 October 2017

498a, 323, 125 crpc

Respected members, My wife has filed a case 498a, 323, 504 ,506 and 3/4 dp. She mentioned tha our whole family including my 2 sister and 17 yrs sister has gone to her house on 01.09.2017 and abused her and beaten her. Although my sister and I was in office on that day it�s a total false case which is manipulated. In 125 maintenance she claims that my monthly income is 1 lac pm and 50k rents 30k and agricultural income 20k and demands 30k per month, but rental income is in my father hands as plots are in his name and my monthly salary is rs 20k . Please suggest me what can I do for both cases both are registered in Uttar Pradesh Farrukhabad


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 2 Replies

manoj   27 October 2017

File quash petition before High Court under section 482 CrPC regarding 498a case. without proof your wife cannot succeed these type of cases. You dont worry file quash petition you will get remedy. Regarding maintenance case she must prove that your earings are as mentioned above in your query. If you are able to prove that your earnings are 20k, basing on 20k the court may grant some maintenance to her. Any proceed with cases nothing will harm you.

manoj

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Siddharth Srivastava (Advocate)     27 October 2017

You are required to contest the case and to prove your innocence. You may also approach the high court for quashing of FIR if grounds so exist and in said case, you can ask for stay of proceeding and also stay on arrest of accused persons. In U.P. there is no provision for anticipatory bail. The income to your father does not count as your income so prove in case that the case as set up by your wife is false. Consult with details.


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