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Subrata (Survey Engineer)     16 July 2015

Pls guide me for 498a,406,354, 3/4 dpa act and crpc 125,pwd

My wife made false allegation against me and my parent’s u/s 498a, 406,354 and ¾ DPA Act, CRPC 125 and PWDV 2005. After making all false allegation she thought I will provide big amount and she can easily lead her new family life with her ex-boyfriend. But I also made written objection for this activity and she was demanding 50,000.00 monthly interim and 5 lac compensation. Considering my all details court ordered 5000.00 per month as interim maintenance as humanity ground. After getting this ordered I proceed in Session Court and I get 3000.00 as monthly interim.

She left my family 14-9-2012 after that we are not staying as husband wife. Long time over our PS submit charge sheet for 498A and other suite. They did not investigation properly whatever she wrote in her FIR copy just copy and paste.

My wife was stolen lot of my mother ancient ornaments but she did not return. After that we make 379/406 u/s 200 CRPC against her. I also make divorce case. She is under pressure for 379 case.

Recently she proposed us she is agree for mutual divorce and demanding 1.75 lakhs. But she is asking 50% money advanced for mutual divorce (13B). Every month we are providing interim maintenance 3000.00 RS.

I attached details interim order, Charge Sheet Copy for your reference.

In this situation what I will do

  1. I will consider her divorce proposal?
  2. If I will considered her divorce proposal and I will provide 50% of money. After received that money few days later she will withdraw divorce petition then what will do?
  3. She made all false cases against us now she is under pressure. I want she will give me written note like as affidavit as “whatever she made complaint against us totally false just for seeking money she was raised” I can demand from her if she is coming for mutual divorce? Or any other important is there please advise me..
  4. Is there and important point for mutual divorce. In future she will not able to make any demand from me like as alimony?
  5. Please advise me what will be the best way for me?
  6. If I will not provide every month interim maintenance then any problem for me? I will pay after 2-3 months latte then they can make any problem for me?

 

 



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 4 Replies

saravanan s (legal advisor)     16 July 2015

work out an mou where you specify

one time alimony would be given during the second motion of mcd before the honourable judge.after that no further claim for maintenance would be made

also specify that she will withdraw all cases filed on you at present and also she wont file any cases against you in future

Arnab Banerji (Mob:- 92-3001-3001 CIVIL & CRIMINAL ADVOCATE civilandcriminaladvocate@gmail.com)     16 July 2015

Pls show me the papers with details and i will give you the necessary guidance.

Adv k . mahesh (advocate)     17 July 2015

its   good oppurnity for you in 13b that from 5 lakhs to 1.75 lakhs she came and even if you are going form mcd then pay only nominal amount not 50% and draft what all points you want from her for staisfaction and then show to you lawyer to draft accordingly and if any kids from this wedlock also decide who will take the custody

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     19 July 2015

A.You should accept his divorce proposal to solve this problem.

B . She must mention in mcd petition that she with draw all aggegation and case before date of hearing.

 


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