cpc

498a, dowry charges along with 125


Hi,

I got married in 2008, now after more than 3.5 years of marraige, I came to know that my wife was having affairs with 3 people before & after my engagement and she continued telephonic talks with them even after marraige. She only confessed this when asked strictly (without beating her).
I told her that I will tell this to your parents as I am not sure if you continued these relationships whenever you went to their home over these years. She told me not to do this but I told I would do it tommorow.
On the very next day morning she went to her uncles home without informing me with my 2.5 years old daughter who lives in my city (Mumbai) and made charges that I have beaten her and was asking for dowry (5000000 rs). Then she went to her parents home in A'bad and repeated the same discussion with them.
My in-laws along with her have filed a case against me, my brother & father both of whom lives in a different city. The charges are that we have physically and mentally torchure her (I was beating her after drinking alchohole), asked for dowry and tried to kill her.
Her parents are not willing to hear from me about her affairs now and have taken some photographs of her in their mobile which suggest she was manhandled and beating up in her back and face (I am not sure whether she did it to her self or her parents used some cosmetic things). My in-laws shows this mobile pics to my father when they came to my father's house...at that moment they left my daughter as well who is now with me in Mumbai along with my uncle & aunt (who have come just ot look after her).
I, my brother & father have just got bail and now my wife has filed for maintanance under 125.
I particularly wants my father to come out of this as he is above 60 and has diabities, blood pressure and liver problems. I am also a heart patient and have had two open heart surgery.
 
One more thing...as I am maintaining my daughter since more than a month now (to whom my in-laws and wife left at my parents home) with the help of my uncle and aunt who have just come to help me in maintaing a 2.5 year old child....my questions are
1) Can my wife claim the baby under 125 which she has filed?
2) If not, Can she still get maintanance for her own without my baby?
3) What are my options to keep my daughter with me?
4) What should I do to avoid any maintanance to her.
Please note that my wife was working before marraige for about 6 plus years and she can maintain her - self if she wish to.
 
Please advice what should I do to get rid of all these.
 
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1.  Under Section 125, she cannot claim baby but she can claim maintenance for her.

2.  She is entitled to maintenance for herself only, because baby is living with you.

3.  As they have not filed any petition for custody, you can keep the baby with you till court gives your wife the custody or if you succeed in any such custody case.

4.  If she is not employed and if you are earning, she is entitled to maintenance.

 
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Thanks a lot Prabhakar,

Few more details would really help.

1) My salary is 50000 p.m (take home 43000-45000), from which I am paying around 23000 in Home Loan EMI (for a flat under construction in Mumbai), 6000 as rent, which leaves around 13 - 14 thousands with me from which I need to pay my daughters fees (nursary)...moreover I am also a heart patient and have had two open heart surgeries...I need to take medication and regular check ups of around 2000 p.m......what minimum and maximum amount the court can suggest in such case?

2) What are my options if I want her to come back for the sake of my daugher and avoid maintanance?

3) What kind of legal options I do have...either to bring her back or for divorce right now as her father doesn't allow both of us to talk and I can not call her now as I am on bail under 498a and they may tell the police that I am harrasing them?

4) What is the proceedings under 125...does the court intervine and ask us to talk personally or we would have to go through our lawyers only?

5) What are the proceedings under 498a, as her father is claiming that he has some photographs suggesting that my wife has been beaten (the photographs are in his mobile and might have been taken at my in-laws place)...how serious the charges are? Kindly advice...

 
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Community ... Plz help and advice.

 
Reply   
 

1.  The maintenance is 1/3rd to 1/2 of the net income.  But the court will see the genuineness of the expenditure shown by you, i.e., EMI on house loan (whether loan has been taken to avoid maintenance or not).

2. Filing Restitution of conjugal Rights is one of the options.  But it has got its disadvantages.  Only for the purpose of avoiding the payment of maintenance, you cannot take any action.

3.  She may not like to live with you after your serious allegations against her of adultery.  Once, she proves that you put such allegation, she will be justified to desert you.  If you both cannot rejoin, better to go for divorce with mutual consent.  If any case, such as RCR or divorce will be filed, you can mediate with your wife.  Otherwise also, the intervention of elderly people of both families can sit together to solve the problem and to avoid the repercussions come out of Section 498-A case.

4.  Your lawyers can ask the court grant a few hours both husband and wife to talk and come to amicable settlement.  Court will generally agree to such proposition, if both husband and wife are ready for such proposition and you can sit together without interference of the advocates and come to negotiated settlement.

5.  Difficult to prove the photographs.  The question raises that who had taken photo graphs and why did not he interfere when husband was beating the wife.  All these explanations have to be given before the court.  Do not worry.  difficult to prove the allegations under Section 498-A. 

 
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Thanks a lot Prabhakar, I would be very greatful to you if you can please help me in following points as well

1) Can you please let me know what what disadvantages RCR has?

2) Also in their FIR (498a) they have made dowry allegation that we have demanded 50 lacs of dowry to them... How scerious is this?

3) Also in the FIR they have mentioned that at the time of marraige they have given us 25 tolas of jwelleries which is totally false....My wife have had only one gold chain from their parents and all the other jwellery (even if my in-laws might have purchased) are at my in-laws place. How scerious is this?

4) Finally how long 125 case can take...does normally court grants verdict (maintainance) in the first hearing it-self?

Kinldy reply.

 
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two more thing..

5) What can be the sentence if she could prove mental harrasement on the basis that I have alleged her of adultary which caused mental harrasement to her?

6) Chargesheet has not been filed ... How can I know what witnesses they are going to produced and what is the relevence of these witnesses if they are there relatives or friends?

I would be eagerly awaiting you reply on above six points (of both posts).

 
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general manager

if u ve time n dragg the case then file rcr but disad is if she is ready to stay with u then accept but it will take 3yrs to 4 yrs to come judgement.they can made allegation that u r asking 100 crore but she ahs to prove.regarding 25 tola gold she has to prove by pic or list otherwise court will not accept.in delhi court one mil claimed that she had given 10tola gold to him then judge asked where u brought this gold.as i know its difficult to u for surviving.so dont worry once she will be file 498a this is bramastra which can used only ones not always.for few days u will face little problem.once u will get bail all problem goes to her side.so be brave.for ur crpc if u fight properly u can dragg 3to 4 yrs then go to hc then sc .it will take 5to 6 yrs.only intrim main can grant within 60 days but its very less give 1000rs.touch with this site n 498a.u will get all feed back.but dont belive lawyer.99.99% lawyer r thief,dacoit n culprit.so u ve to fight according to demand of situation.god bless u.


Total likes : 1 times

 
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1.  The disadvantage in RCR is that once you get a decree in your favour and if your wife has not complied with it, even then, after one year, she can file a divorce petition on the ground that the decree is not complied.  In other words, the violator of the court order can get a relief after one year for its violation.

2.  The burden of proving this fact lies on the prosecution / complainant.  It is difficult to prove this fact in the face of serious cross examination by your advocate.  The origin of Rs.50.00 lakhs in white has to be shown and it is difficult.

3.  The answer is same as 2 above.

4.  Section 125 cr.p.c. is a quasi criminal proceedings and it would take a lot of time.  If she has filed an interim relief application it would be disposed off.  For that also you would be given opportunity to reply and argue.  On the very first date, even interim relief application will not be disposed off on the first date.  The statute prescribed 60 days for disposal of interim maintenance application.

5.  If the case is under Section 498-A, then the maximum punishment is 3 years (do not worry.  It is difficult to get conviction).  If you really mentally harassed her by framing false allegation of adultery, you tender sincere apology to her in privacy and every thing will become quite normal in a few days.  To err is human and to forgive is godly.  The most of the women have big hearts and benevolent nature towards men's follies.

6.  Once charges are framed, the list of prosecution witnesses would be supplied to you.

 

Note:  I am an advocate.  Keep the advice of Sharmilla Ram about advocates in mind.  I simply wonder and feel pity about those people, who generalize the isolated incidents.  If a lady ditches him, he will go on shouting that all the women are betrayers, vamps etc. etc.  Similary, if one is cheated or otherwise felt cheated by an advocate, then very intelligently starts to shout that 99.99% advocates are cheats.  If the society becomes corrupt, most of the citizens become corrupt in thinking and dealing, in that included women, doctors, advocates, teachers and politicians and general managers of corporate houses.  Similarly, ideologically oriented society, the moral standards of the most of the citizens would be high.  Compare the moral standards of our indian citizens in 1947 and at present.  You can understand the difference.

 
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Thanks a lot to both of you (Sharmila & Prabhakar).....I have got the bail ....but I feel really sad about my daughter who is going to complete 3 years in this april....I see her day in and day out and find myself very guilty that I could not stop this disaster to her life.

I really love my wife and the adultery charges are not base less...she only confessed them when I asked repetitively....still I want her to return just for the sake of my daughter. I am ready to forget and forgive everything. Even my family is not in the favor of bringing her back as she (and her parents) falsely dragged my father and brother into all these...but still I wish everything gets settle down so that my daughter do not have to be a victim of all these.....Her father & mother did not allow us to talk once she reached there and are very dominating and expert in manipulating minds (has done it before also with my wife many times on small things which resulted in conflicts between us)....I really wish if we could talk in private but that seems to be near to impossible......

Once again thanks to all who have contributed

 
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