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false 498a

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I had love marriage with a divorcee on 27 april 2009. On 1st Nov 2009, my wife left me while she was 4 months pregnant. I tried a lot to talk to her, all attempts to normalise things were thwarted by her. I moved to Karkardooma court for Restitution of Conjugal Rights. In response she filed 498A, dowry and other complaint against me. On this I wrote a letter to the Commissioner of Police submitting proof and the same was submitted in the karkardooma Court as well. After this she withdrew her complaint. She was adamant not to join me. I requested the court for mediation. She made the mediation fail as she refused to even talk. Things were not going anywhere, I withdrew my RCR case. Judgement for her maintenance under sec-24 is due, though the hearing is over long back. Now they have filed for maintenance under Sec 125 CrPC for herself and the new born baby whom I havnt even seen till date. The judge hearing 125 CrPC has send for counselling but its not going anywhere. I was okay for mediation for the sake of the baby.


Now my mom has been diagnosed with cancer. Even on this they are unhumans. I requested them to arrive at a solution so that my mother can live in peace in her last few day but they need 45k per month for whole life. I want to know how can i prosecute them for filing false 498A and making mockery of marriage.

 
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Retd.Addl. Distt.Judge

One side averment of falsehood no ground for prosecution. You have to satisfy the court and obtain an verdict of falsehood only than you may justify your allegations. Otherwise it will add a fresh ground yo disputes. It will be better to protest before the court or police where the trial or investigation of Sec.498-A I.P.C. case is pending.

 
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Sir,

She withdrew her complaint before CAW Cell could file a report. My wife was asked to proved her allegations by police as I had submitted all documents of the care I had taken of her and her past act of filing false cases and settling for an amount. So this could not even go further.

Now the case which is going on is 125CrPC. Here she has admitted verbally to the judge that she has taken money in her last marriage but not willing to give divorce even after an alimony. 

My past salary was 22k and present salary 12k. On my last years balance sheet i have a loan of Rs 2 lacs and will be taking a loan of 2 lacs for my mothers treatment. On 3 Feb when I submit my reply on 125CrPc. , my income would be Rs. 12k monthly and a loan of Rs. 4 lacs. My wife was working earlier and I have the proof. In you judgement what could be the maintenance amount I may have to pay.

 
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hi mr kumar

you can seek proper advice after examining all  the documents. so you are free to consult me  with prior appointment on my mobile no. 9868529732.

thanks

jiten gupta

 
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hi praveen

Don't worry about the case supreme court has given the valid judgement about the 498A . it was against the 498A and we can contest the case successfully. is there any previous complaint against you. if there sent the deatils to ny mail id and i will give the valid advice to you. my mail id is prabhalegal@gmail.com

Prabhakaran

Advocate, Chennai

 
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