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arnab dutta (stuff)     21 July 2014

498a

hi, experts ,i am new comer..and need your valuable suggestion..

( 2013-january)after 3months marriage ...wife separated ..for 1year.....in between 1 year .......wife/her father  giving thread to gone in mutual divorce nither she give 498a.......i call wife in marriage council for our better future life... nothing happen......and  at last...wife force fully filled false 498a/307/323/406/dp act 3-4 with to many allegation( 2014-march)...we got AB on same day..we return her 406 article in her PS ..and get seizure list ... charge sheet not filled yet ...4 months gone..our attendance date is pending on court in october,2014...wife contact with me by a middle man for compromise/out-side court settlement...i am not agree..now wife appeal  divorce petition in court...still i can't file any counter cases..

 

my question...

1. how to fight this false cases..

2. wife filled divorce petition ...not i..can it help me to fight false 498a case..

3.. wife filled multiple maintenance case ( crpc125,hma-24..etc)..

4. can wife still eligible for alimony....

5. can court give him divorce decree.. within 498a trial period..

6. how can she harass more for money..

 without detail of pain...which we face in every moment...i know that ..i am now a member of 498a sufferer family....so only ask the question...



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 July 2014

Contest the case thoroughly and try to show the evidences that her false allegations first. Do not accept divorce, if you accept divorce, you cannot escape to pay maintenance till her re marriage. Any how you have to pay interim maintenance till this case end. She can demand money as her right. But court will decide the quantum of  maintenance and alimony in case of divorce.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 July 2014

1. how to fight this false cases..

 

Opinion: fight the case on merit.

 

2. wife filled divorce petition ...not i..can it help me to fight false 498a case..

Opinion: no, it can not be help.

 

3.. wife filled multiple maintenance case ( crpc125,hma-24..etc)..

opinion: ...................................... she can get the maintenance.

 

4. can wife still eligible for alimony....

Opinion: its depend on the income & property of yours.

 

5. can court give him divorce decree.. within 498a trial period..

 

Opinion: it may be possible

 

6. how can she harass more for money..

Opinion: its depend on her


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