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Can 498A win be used to stop maintenance to wife in CrPC-125

Page no : 2

Munirathnam (Scientist)     15 July 2010

Dear Arhana,

 

You forgot onething that if husabnd is discharged from cruelty allegations on any ground (due to lack of evidence or falseness of allegation) in one case is applicable to other cases even as long as same allegation repeats in othe cases. Because allegation is same on same husband by the same wife at the same time. There is Bombay High Court judgement says, if wife fails to prove cruelty then no maintenance. Also Apex court said if wife has no reason to live away from husband then she is not entitled for maintenacne ( in this case also wife said husabad is cruel and she failed to prove it , hence considered as wife has no sufficient reason to live away from hubby)

 

Comes to CrPC-125, after 498A discharge still wife takes stand saying husband is crule and wont live with husband then it is certain that wife can not prove the allegations because alreay she failed to prove.

 

In this scenario if court still ask to pay maintenacne to wife, then what is the condition of husband in the below example: wife has boyfriend and sleeping with him at undisclosed location. Just to keep husband away from her wife filed the case which eother wife cant prove or husband. To enjoy with boyfriend wife go on telling her created stories with the help of husband money and her lawyer.

 

If courts simply direct the husband to pay maintencne then the only option left to tthe husband is to get money illegally and pay to the ilegal things happenning to him. Here either husband or wife are not the people who are creating the criminals, the real culprit is Legal System.

 

As per National Crime report: Most women arrests happend in India andIndia is top in registering the criminal complaints on women. Is that means Indian women are criminals or the systems is making them as criminals.

Also as per CrPC-125 wife has to prove her allegations beyond reasonable doubt as per Apex Court. Else she is cruel for prosecuting the husband.

If you say in real time allegations can not be proved then no meaning fro the legal system existance and looking for evidence.


(Guest)

YOu cannot win a 498a case. u can be acquitted for want of proofs beyond reasonable doubt. criteria for judgement and level of proofs is different in civil and criminal cases.

1 Like

(Guest)

domestic violence generally happens within the four walls of the house.In-laws generally use the daughter-in laws as their show piece of social image...how a helpless lady alone  will keep evidences amidst people who misbehave or hate her??

so the statement of the victim and her personality and social image of both the family should be kept in consideration in such cases... 


(Guest)

madam proof is there only if it is true, if its false there is no proof.

1 Like

tortured_aathma (none)     15 August 2010

avnish ji u r trying to tell that to one a-bala naari so of no use. 

mostly 99.99% of 498 cases are false and same is the case with dowry cases, but money minded lawyers do not allow legislation to amend the laws as false matrimonial cases are major source of their income. 

munirathnam ji i am sure that u will be able to get all ur hard money from ur a-bala naari when u will file defamation case against her at later stage and i really a big fan of urs and ur strategies to tackle those a-bala naaris.  hope all these kind of a-bala naaris rot in hell who puts false cases on husband;s family to extort money.

1 Like

(Guest)

I agree to Ms. Archana's three messages as well as add that proof of "cruelty" in S. 125 CrPC is based on different parameters than what was required to proove beyond doubt in S. 498a IPC. However, there is no harm in proving the false allegations in S. 125 CrPC one by one and acquatal in S. 498a IPC may happen due to various reasons as explained by various ld. members so I will not dwell into it much here and they have weight in their valid arguments.


S. 125 CrPC revolves more or less around only two parameters "neglect by a husband" and "ability" whereas S. 498a IPC revolves more on "cruelties"  which is not defined in paras for bare reading. Neglect is again yet not defined, simply not kissing wife good night can be neglect in one case and in another it is a bald chapter what may weigh in S. 125 CrPC is "life and limb" in a matrimonial situation and so many citations are there and so many moods and views of Hon'ble Lordships defines it in different rainbow hues so unless we all know the minute paras and counters in say your case  we shoudl abstain from being too judgmental right now.


Bottom line both your as well as Ms. Archana's argument are good and we all donot know the minute facts alleged by your wife nor interested in bare reading here but you now know both sides 50:50 views, hence balance your pleading accordingly without jumping sureshot guns in a social forum is my suggestion.
 

Arup (UNEMPLOYED)     16 August 2010

whatever the case may be, put your discharge order before the court of sec 125 and see what  the result is?


(Guest)

Arup ji,

ha ha that is a good advise so the cat will be out asap and then he can act accordingly wow it didnot occur to me

Arup (UNEMPLOYED)     16 August 2010

ARUN JI,

THIS IS THE MOST PRACTICAL WAY - I THINK SO.

Anyhow discharge from 498a, in lack of evidence, shows that the girl flue away, but lack of evidence creats a double meaning here.

one meaning is - no cruelty at all, - therefore no evidence.

another meaning is - though cruelty is there but the state could not prove it as per the standered ie, beyond the reasonable doubt.

therefore both the chances are there, difficult to state, which interpretation court will take.

Siv (engineer)     20 August 2010

Dear Arup Sir,

 

In my wife filed case, all the allegations could be proved wrong by the documentary evidences. Say paretns called husband via phone and advised him on phone to harass wife allegation can be proved true by supplying phone records, time of incident and place of incident. If wife is not submitting all these detaisl then definitely complaint is wrong or police inestigation  is improper. In this scenario husband should try for the evidence that prove allegations are false.

serious sam (nothing)     20 January 2013

Hi All,


Kindly let me know how should i win these fake 498a, DVC & CrPc125

498a case which is in cross examination stage with my wife has just finished and her father is going on.

we got a public copy: Facts are like this in Public copy.

1. witness my wife is saying that there is no written proof or bank proof of giving dowry, (actually we dont have any dowry exchanged as they said they are very poor family with 4 girs, for marriage expenses they given 3.5 lacs)

2. witness my wife is carrying a gov hospital certificate for her wounds and somebody beaten pictures , but i have seen this only along with FIR. (This is a drama created by their family as before she left me that night i only requested her that i should take her to medical for getting temporary to permanent visa in Doha, she left me by nextday morning, and along with the beaten marks she lied in the complaint that i demanded her for some gold chain, but added my monthly salary in the FIR as 1.95 Lacs/month, and submitted the e-mail proofs that i admitted that i have beaten her from two fake gmail ids, still i couldn't see any dowry harrasment acceptances from my side in this fake e-mail proofs, so with all these fake creations she trapped me in 498a and demanding now 15 lacs for settlement. But after she left me i found some tablets and a doctor certificate and understand that she is suffering with MVP heart related disease and it is in mild stage and whoever has this disease will have melacholy: mental depression due to multiple emotional traumas in her life. I have a certificate of this with me from her family doctor.)

3.our lawyer asked 498a judge in cross examination to request her to come back as we are willing, but she said to judge 3 times she is not willing.

4. witness is saying she herself left me while i was sleeping, with the fear that i will be cruel with her again.

5. In 125 crpc, she recently got 7500 interim maintenance till the main maintenance get closed. (Here again a fake petetion by her lawyer or her i dont know, 3.5 lacs dowry + 5 lacs marriage expenses + 1 lac other expenses total 9.5 lacs, but i can still remember that i married them as they are poor but what is going on in my life is different story and i lost 1000s of time faith in God and still asking him why did you given her rights to play with me and my career like this and to my entire life she is changing.)

6. In 125 crpc, I am really not working anywhere and she also couldn't prove that i am working. we submitted the documents that she is working in chennai HCL, but not how much she is earning. Her lawyer admitted that she is earning but only 17000/month and it is not sufficient for the metropolitian cities like chennai and the judge ordered 7500, I was shocked about my poor lawyer and the great judge and the great judgement that he given while i am not working and she is working and she is not even allowing me to work as i have to attend 3 cases in a month including DVC altogether 5 times a month i have to goto her native place. DVC is just not running but 498a and 125 crpc is currently running.

7. none of us applied for divorce yet,


Kindly suggest on how to win on these fake cases and get rid of this sadistic business minded wife who is playing with my life and career.

Parvez Ansari (None)     12 March 2015

My bro has same case. Suffering from in 498A, DV and 125. In DV and 125 maintenance passed in 2013. Paying maintenace. Now in mid-2014 got acquitted in 498A. Applied last year for reduction in maintence but rejected last week.

Now can he appeal against maintenace orders ? Is it bared by limitation ?

Please help.

vijay (M)     12 March 2015

why not applied for divorce yet ?

DALJIT SINGH (SM)     22 October 2015

Dear all I am sailing on the same boat paying maintenance to wife even after wining 498a/307/406/120b etc. Whereas she is enjoying with her second husband and given birth to his children's. Court want evidence in the form like (I) Have u attended the barat when she got married second time.(II)When I produce birth certificate of her child, court say she is not the mother of that child but her name resembles to the name of lady whose son is this.(iii)when I produce the vote card and vote list of last 8 years court say that this is not a valid proof. In India where u can elect u r govt with the vote, u can make passport or DL by showing vote card as proof, u can open bank account, u can draw govt pension from bank by showing vote card but court say that this is not a valid proof. Now tell me whether she will call me in her marriage function to get photos or she will call me at the time of her meetings with her new husband to record moments. But don't get demoralise this is India, keep on fighting and pick the appropriate weapon as per the demand of situation.

Sanjay Malhotra   22 February 2020

Dear All

I beilieve that, if Husband is able to prove that his wife is a liar and she has falsely implicated you, whether state is able to prove 498a or not, doesn't matter, in my case I that mobile conversation recordings where in she admitted she left her matrimonial home of her own, she had no choice except to frame me with all false allegations like dowry demands, beatings, abusing, maltreatment etc. I tried producing these evidences with the transcripttions in the court. which proved my case, 

I thing this can be used in 125crpc as well as it proves desertion cruelty and non truthulness on her part.

 


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