Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aarnav   13 October 2018

Under fake 498-a cases, can wife extract rs. 65 lacks?

Dear Advocates,

I read an article on LawyersClubIndia about IPC_498-A, which mentioned the motives behind filing 498-A , as follows:-

* Making Money.

* To cover up for some mistakes.

* Guilt (Adultery)

* Disliking husband or inlaws.

* Extra Marital Affairs.

In my case, my cruel wife has done all of the above, and now using the 498-A to extract Rs. 65 Lacks.

BACKGROUND: (HINDU MARRIAGE, seperated since 2009, Wife is in Nasik, Husband in Goa) Wife is a Class-1 officer, Assistant Division Chief, and earns Rs. 84,000/per month + RS. 47,000 from the rented luxury flat in Bandra. But still filed for a maintenance case of Rs. 60,000 from her UNEMPLOYED husband !!!

HUSBAND: After having the first child husband/I got into a terrible accident and I am now unemployed and handicap. I dont kn ow for how long I can live on the pention of my old parents. I do touturing to earn a living of Rs. 7200/month, but have to pay Rs. 10,000 for the child maintenance.

QUESTION:-

(1) Wife left matrimonial house in 2009, so can she file for DV case in 2018? (NOTE: All fake / Fabricated alligation, but still.... I thought it has to filed within 2 years of any incidence happening !!!) Can she file DV case even when we have been living seperate from 2009, after 9 years of her desertion?

(2) Wife left house as she didnt wanted to take care of her handicap husband, but now is demanding Rs. 65 Lacks for final settlement, which I dont have, even if we sell our parental house. Can she keep harassing us until her extortion demands are met? What saving grace/law can be get support from?

(3) She is sending legal court notices from Nasik to Goa through the court for husband and his parents to appear all the time? So after couple of summons do we all get arrested? My parents are very very old and mostly bed-ridden, and I need support to walk due to my handicap status. Do we strictly have to apprear in the court, or our lawyer can represent us?

Please help. Please. Thank you in advance for your valuable time and suggestions.

Aarnav.

 

P.S. My lawyer had his leg surgery, and a rod has been put in his leg, so I couldnt get in touch with him. Thank you understanding.



Learning

 4 Replies

Aarnav   13 October 2018

IMPORTANT NOTE: This fake 498-A has been filed after 9 years of divorce case (that was filed by husband in 2009), itself shows that all means of reconciliation of marriage has failed and finally wife thinks that at least she can use such weapons like 498 and EXTORT huge money, leaving her husband and in-laws, high & dry financially.

QUESTION: Against such false alligations/498-A, do we need to get anticipatory bail?

Any advice would be highly appreciated. Thank you again. A M.

TGK REDDI   13 October 2018

Domestic Violence case is untenable.

I don't suspect any arrest under Section 498-A of The Indian Penal Code.    To be on safe side, obtain Anticipatory Bail.

Pray the Court for exemption from personal appearance of especially your parents.

Curse God because He created women.

1 Like

Krishna   13 October 2018

As your wife is government employee, file maintenance petition u/s HMA 24,25
2 Like

Krishna   13 October 2018

As your wife is government employee, file maintenance petition u/s HMA 24,25
1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register