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Kumar1 (NA)     11 May 2014

False case of maintenance 125..

Hi All,

Need your help in fighting a false case of 125 from my wife..

Its been more than 6 years of marriage..since begining she was not liking my family, culture and our socity, living style like, in my family, ladies used to wear sari, to put sari on head if any elder family member or outsider person in front, like this many small things..she is the only daughter of her parents hence they are fully supporting her, my inlaws wish was that me to do job in his place but i denied..wife keeps making issue of small-small thing and leaving our house and staying with her parents for more than years many times..then when we put socity pressure to get her back..she come but after some time again same issue..she hardly have lived total of 1-2 years with me, rest time she lived with their parents..i have proof of tickets when i used to go to her city every 3-4 months to take her back..we have a 3 years daughter also..i have sent many letters also mentioning her to come back with my daughter. though after her wrong behaviour i tried to get her back for the sake of my daughter and our future and family image. even all my family members took care of her all the time in spite of her misbehaviour as we are having good repution in our socity and not wanted to damage it..

but now she has crossed all the limits and filed false maintenance 125 case against me asking a large ammount monthly as maintenance, mentioning that we used ask her dowry, and used to beat her frequently and throw her out of home for not giving dowery. we have got a notice from court to appear after 2 months.

Now me and all my family members are very upset with her and finally decided to leave her. i am working in Chennai and my home town is in UP, they have filed case in UP at their place, Please suggest on below points:

1. what is the best way to fight this false 125 case, we don't want to give her any money. but we want my daughter back. one lawyer suggested to go for RCR, but in forums i found RCR not good if we go for devorce based on cruality in future. she mentioned in her application that i am working in xyz MNC and getting 70000, and asked to give for her and daughter total 35000. but i am sure she doesn't have any proof of my employment and salary. even in real my salary is less than what she has mentioned. does court will ask me to produce my salary slip / ITR? also my parents and brothers are dependent on me.

2. What should we do to get devorce. we want our daughter back, as she will ruin my daughter future also, as she is ruining herself.

3. what precautions / proactive steps should i take to face her other false cases in future like, 498, DV etc.. i am sure they may go to any limit now. does police will come to my home for arrest if they file 498?

though i have engaged a laywer but i cannot fully trust / depend on him. so i request all seniour / experienced laywer to help me to fight this false case and best way to get devorce and get back my daughter, me and all my family members loves her alot and due to those greedy, evil people don't want to loose my daughter.

 

Thanks..
 



Learning

 3 Replies

advocate Avdhesh chaudhary (advocate/ legal consultant)     11 May 2014

as far as  maintenance case is concerned you have fight it on merrits. as far as divorce is concerned you have to file it on grounds of cruelty & desertion. for child custody you have file a case under Gaurdian & wards act. for brief you may call me on 09891507137. ADV. Avdhesh chaudhary, NOIDA

ROHIT SHARMA (Legal Advisor )     11 May 2014

Dear Kumar I,

1. I have sent you a private message also.

2. Please revert back to me after you have read the message.

Adv. Rohit Sharma.

(B.Sc. L.L.B. L.L.M.)

(M) : 09824047971.

E-Mail :  lawgate1349@gmail.com

 

 

 

 

Kumar1 (NA)     11 May 2014

Thanks Mr Avdhesh for giving time and your reply..

Thanks a lot Mr. Rohit for giving your valuable time to read my story and a detailed reply.

 

will be awaiting other's such great suggestions and help..

 

Thanks a lot..


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