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Dear Tajob sir and Ld members,
1. I was got married with my ex-employee in 2008. It was love marriage and none of my family member was as attendee. She was divorcee and mine is first marriage. We got to children out if this wedlock now they are 3 and 1 years old. Financial position of her family is not good and after some time major issues were cropping very often and then one good day she left with my children and approached caw cell where mediation failed followed by whole package of 498a on me.
1. I had returned all her belonging as well as children at caw cell with her receiving as well as attestation from I/O. Does this help me in dropping 406? As I never demanded nor their family gave any articles or cash to me from time of marriage till date of separation so all returned articles are the articles I bought for her and my children in due course. but some good qty of gold articles which I made for her is still in my bank for which I took some loan for my limits. She is demanding the same. How can I avoid the same?
She will have to produce valid VAT bills for the same to claim it. No bill = no claim. This is WRT gold articles.
2. After returning all her belonging I came to Europe for some business purpose. Cases and FIR was filed in my absence although I am tracking everything from here. Notice was served from court at my home but as no one is there so returned back as unserved.I need to apply for AB so what are the chances and expense and till what time I will avoid coming to india. As in last date respected Chair ordered to serve summons via speed post and next date is in Nov.
.It all depends on which lawyer you hire services of.
3. In her complaint/FIR there are no charges of any dowry demand/Exchanged is levied on me but in her application of Sec 125 CRPC all absurd things are there like dowry demand etc etc. Can it be treated as Perjury in court?
.Thank your wife for it, she knows what she is doing, she hs not levied any charges about dowry! Rest allegations will have to be proved by her in court. 125 is asking for money, she will be asking money stating her inability to work blah blah and showing to court that she has to maintain kids. Here its better to give money to her to take care of kids, as it is moral responsibility of every father. Pay her whatever you can and keep a record of it, when time comes show it to court that you are already paying her money, if the court finds that you are paying em less, usually 1/3rd of your take home income, they will order some maintenance. If you fail to reply to her 125 crpc, then be assured whatever the wife has told to court, they will blindly order. So first reply to her 125 crpc, forget other accusations and allegations in 125 crpc.
4. In her 125 crpc she is demanding 2 lacs per month for her and children expense although if I combine whole income of her every earning member then it would not cross 50K. I don’t know now they swiched from eating parle-g to gold biscuits.How to counter this so that minimum maintaince would be granted to her.I don’t have any objection to pay for my children as I am working hard just for them but I want to pay directly to directly to their play school etc. No single money to her and her family. She was doing job before joining my company and also worked 3 years in my company but after marriage she was home maker(Sorry homer breaker). Although she had worked for 3-4 months in 2012 when we had separation of 5 months.
.Give details of your income to court [income - expenditure = take home income, for them to calculate 1/3rd of it]. If she was working, give court salary slips, bank statement to prove she was working and is capable to earn money. She will also have to provide expenditure statement of the kids, she just cannot ask 2lakh rupees per month toward maintenance. As you are earning round about 50k, its prudent to let know court about your financial situation or else you will have to pay huge sum of alimony/maintenance.
5. What are the chances of getting custody of my children?
.As they are 3 and 1, you wont get custody of them righaway but they be with mother. But you can always talk this out of court in case of any settlement along with terms and conditions, for eg: I keep kids, I give you all the money and gold etc. That can be worked out depending on who needs what. You can utmost get visitation rights legally, and court cannot reject your plea. At age 7 there is a chance legally that kids be asked whom they want to live with. My suggestion would be not to go for custody of kids, you keep traveling on job, and kids need someone with them, in this case the father. You wont be able to spend time with the kids, they will be a more of a liability like this. Hiring services of caretaker or maid or leaving them with grandparents/sister etc will be a cumbersome procedure, you both will be ruining their already ruined lives. So my advice would be to leave the kids with the mom and keep visiting them regularly [time to cut out the ego]
6. Is there any counter case I can file on them. I wanted to teach them lesson so that atleast they don’t dare to misuse our laws.
.Revolutionist ! You want to teach them a lesson is quite laughable. You had love marriage and it dint sustain more than 6 years, what kind of love is it, you produced 2 kids in the meantime, where is the love ? Frankly, there is no lesson you can teach any one anything, in this case a women. Laws have been designed in such a way that they can be misused to the fullest extent. You can file a perjury case if at all it is proved that she has lied under oath, thats one case you can file against her, but that too when all the cases are over and you come out clean from the cases she has filed. Another case you can file is divorce case. That you can file. So only two cases you can file. Perjury and divorce case.
.Instead of thinking to teach her a lesson etc, keeping in mind that you have kids out of the wedlock, and keeping in mind their future, it would be prudent to somehow adjust with wife, talk to her and ask her to take back the cases she has filed against you, remember you once loved her, that too you married a divorcee, it should have been a head over heels kind of love. This whole thing can be sorted out without getting into legal mess. Though she has filed cases on you, which is wrong, its time for self-inspection, it takes two to tango, you are at equal fault the way you are pointing fingers at her. Its always good to compromise than to roam to court to no end losing money, time, patience, health. Spare the kids, compromise with wife, mend yourself, and mend relationships would be my advice. Rest if you want to contest all these cases tooth n nail, ghoda hai maidaan he.
PS: Please don’t think of highlighting my question in red as offence.
Regards,
Vicky
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