498A/DV/125

Hello Mr. Aman

                               first u get some evidence of her employment, if she have any source of income and if u prove it in the court u will be free for maintaining herself and secondly u file a petition U/S 210 of the Cr.p.c. before CJM there is a procedure to be followed when there is a complaint case and police investigation runs together in respect of the same offence  between same parties. 

hello mr.aman

        in u r matter u must be get some evidence of her employment, if she have any source of income and if u prove it in the court u will be free for maintaining herself and secondly as per u r mention here if she eagar to divorce u then no need to file more petition like U/S 210 of the Cr.p.c. file againt her.n if u get some evidence about her income then u got same chance in the metter of DV too.becouse the protection office can not found any graound to give her maintanance. so i think u should get some evidence and trying to convince her in divorce.

I am trying to find her employment prove , but as she has left with intention of extortion - she may be working informally. Is the fact that she was working before marriage for 4 years and after marriage also she was working and earning heavy salary(60/-K pm) cannot be used to fight 125/DV.

I don't have to convince her for divorce as she herself has file and want it (some other guy involved).

But till all the cases are quahsed I don't want to give her divorce as she filed all false cases to harrass me. 

Can I take stay on 498A till DV is going on? 

 

You must file a petition u/s 210 and after rejection of petition u will raise all facts in ur quashing petition the high court may consider ur case on merit .

i have filed a maintanance petition u/s 125 of cr.pc along with interioum maintanance one and half year back on behalf my client  and her 4 children. Hon'court gratneed interim maintannce of Rs500/- to each on 7th febravary .can i file a cr.m.p for maintanance amount from the date of filing the main petitin and Cr.M.P.kinly advice me

petluri murali

advocate

kanduur

prakasam(DT)

Hi All

I could not get reply on the forum page, hence messaging you. My wife lodged a wrong 498 and 506 case and now i have got the anticipatory bail to all accused in the complaint. Now she realises her mistake and wants to take back the case to help me get out of it. The FIR is done but not the chargesheet. Please help with the procedure to do so. THanks a lot.

Hi Vijay,

There are 2 ways - Tell her to file case in HC under section 482 quash and say that she filed false case under misguidance and in rage.

2. She can turn hostile and case can be taken back at police station stating the same.

But my experience says never take 498A wife back as next time there is no way to get out of this crap..

If she realises her mistake and wants to take back her case to help u to get out of it then u can file joint compromise petition  and get the certified copy of the same and give it to concern I.O. of ur case and  after submission of chargesheet u may file a petition for compounding of offence and urge to the judge for disposal of the criminal proceeding on the basis of compromise as well as evidence of informant.

Thanks Shailendra Sir,

So Can I use section 210 of CRPC , to get a stay on DV , 125 etc as the police investigation is not complete (no chargsheet in 498A) and all the points are same in all the cases. Infact DV , 125 and 13 complaint is copy paste of 498A..

Compromise is the best solution Mr. Aman. if she want to compromise the case then u should go for it.

if u want any other suggestion mail me at disputesolvers@gmail.com