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Chidhambaresan (Information Technology)     08 December 2014

Fighting crpc 498a and crpc 125

Am working abroad. Got married exactly before 1 year. Stayed around 2 weeks in India, then traveled back to foreign-country, prepared VISA for my wife and took her to foreign-country. Before travelling she got pregnant and it was aborted due to medical complications as suggested by doctor.

She was fine for few days but grew violent and very abusive towards me any my family. My measures to convince her and her father failed. Her father and herself demanded that she needs to travel to India immediately. So, I sent her back to India in my expense. Totally, She stayed in with me for 5 months outside India. 

My parents tried to discuss the matter but, they did not co-operate and she came back to foreign-country un-informed when I was planning to travel to India. When she understood that I am travelling to India, she filed a DV complaint in foreign-country. But anyhow, the complaint was not taken up by Police and on my request to discuss the matter with parents, they allowed us to travel back to India.

As soon as we both reached India, she filed a complaint to Indian Police. Now, its converted into DV and 498A FIR against myself, parents and my sister. My parent applied for AB, but high-court provided interim bail and diverted it to Mediation center. My parent and my wife attended the mediation. Wife requested her furniture and jewels(Which is still with her and is not in my home).

Mediator advised to return the items and ordered for next mediation after 1 month. 

Meanwhile, they had applied for Maintenance case(under 125 CrPC) in Magistrate court. I got a notice of their complaint along with summon. They quoted that I get very huge salary in foreign-country and demanding a very huge monthly maintenance for her.

I am in a short term deputation in foreign-country and I get money only on T&M basis and will not get the money if I travel back to India. Anyhow, I will get only Indian salary regularly about 50000 INR / month. 

Please help me with way forwards assuming that, I CAN go through any process( may be get remanded, jailed or face trial or anything). But I don't want my parent to get into problems and I don't want my happily living sister into this mess. I am ready to resign from my job here in foreign-country and fight back to get my mental peace.

Currently I have decided to fight back the maintenance case instead of going with settlement-out-of-the-court.

1. Whether I should travel back to India ? Legally to face these cases, should I present myself in court ? 
2. I don't have an AB for me. When is the correct time for me to file AB? 
3. I am ready to return the items which is there in my home. But What can I do for the items which is not here, but they are demanding that it is in my home.?
4. What precautions I should take for contesting the Maintenance case alone. Since I dont have AB for 498A and it is still pending with Mediation center ?


 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 December 2014

granting maintenance to  housewife  is not entitled to any relief under the provisions of Protection of Women under Domestic Violence Act, 2005.Husband has to prove that she is repeatedly neglecting his offers.

1 Like

Amrit (M.D.)     08 December 2014

Get in contact with Shonee Kapoor who is a expert on these matters especially if you are working abroad.

1 Like

(Guest)

 

 

Don’t leave the job.  That is what will keep you going in the long run.

Fight the maintenance case.  Don’t go for out-of-the-court settlement.

 

No need to travel.  You need to be present only for your evidence, and subsequent cross-examination.  Hire services of proper lawyer, who will attend court dates and ensure that warrant is not issued by the court.

Only after FIR is registered, you can apply for AB in HC.

Return the items which are with you or with your parents which are hers.  Make a list of it and return it, get signature of received from her on paper.

Items which are not there with you, ie which have not actually been given to you or to your parents, onus is on them to prove that they did give it through valid original VAT bills.

maintenance is calculated like this.  1/3rd of take home income [income minus expenses = take home income].  Show to court about your income and expenditure for it to arrive at a figure for maintenance.  However, if wife has left your house on your own wish, no maintenance for such woman.  If she is able bodied woman, no maintenance for her.  Lot of SC judgements are there, visit India Kanoon dot com and get appropriate citations from various judgements.  All the best.

2 Like

SuperHero (Manager)     08 December 2014

Helping Hand advice is very valuable and highly recommended.

Legal matters take time, so please be patient and go through this forum there is lot of information.

If you come to India then they might seize your passport and you will be stuck.

 

Wish you Good Luck

1 Like

Adv k . mahesh (advocate)     09 December 2014

after hearing only suggestion is do not compromise about your job and also do not bend for any compromised with them because once you bend then everytime you have to bend for each and every case

so be firm meet your lawyer brief about your salary structure and for this some times even court will summon your employer for verification of salary records 

about bail once the fir is filed then court will grant you and your family bail dont worry about that and about other things as explained above do it

1 Like

Chidhambaresan (Information Technology)     10 December 2014

Thanks a lot for all your valuable suggestions and advises.!   i feel strong now..!  Will keep you all posted with the updates.

Thanks

Seshan.


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