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Savleen Singh (Rikshaw Puller)     23 February 2012

Can i file any criminal case ?

Dear Sir,

I filed a conjugal right case against my wife in Delhi but she never attended a single hearing and in response to that they filed 498 and maintenance case. Rightnow she is living with her parents in Jammu, i have been traveling every fortnight for hearing there and my life really got messed up. As per her petition filed for maintenance case she has mentioned that she is a law graduate and looking forward for higher studies...But i got her Law result where its clearly mentioned she failed in 11 papers and her law is still pending. I am mentally and physically  disturbed with all this, diagnosed acute stress and thyroid problem . My questions :1) Can i file any case against her family in delhi so that they shud also feel the same heat ? 2.If i am not earning anything/jobless, Can i be still forced to pay her maintenance ?



 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     23 February 2012

Dear Querist,

I am afraid you'd have to face the maintenance proceedings/498a proceedings there. The fact that she has flunked in her law papers in fact works to your disadvantage - making her need maintenance even more. In all probability these cases won't be transferred normally. However the best bet for you is - get an Anticipatory Bail - and go all out guns with your S.9 Case. 


Savleen Singh (Rikshaw Puller)     23 February 2012

Dear Bharat,

I am going through the procedings but what abt filing a false petition abt her LLB. Isnt it a punishable offence ? I mean "perjury"....Also, Is there any case by which i can drag her in Delhi ?





As to regards to maintanence a no of factors would count your qualification,assets if any   etc and the end result would be that you would have to pay at least some maintanence .As a matter of fact she has said that she has completed her LLB it would be to your advantage in the maintanence case since it proves that she is qualified and capable of earning .

Yes there are a lot of cases you can file like prejury,defamation etc if you confident of the same but remember that you would get entangled all the more in these legal issues which would drain you of your time and money


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