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Patience_Adi (IT Professional)     15 April 2011

Experts Inputs on my maintenance case

Hi All,

I have been tricked under false cases as mentioned below:

By my wife:
509
506(B)
498a
452
441
363
323
156(3)
Sec 3/4 DP act
125 (Maintenance)

By my MIL:
Civil Procedure code 1908 26(1)

Last month I got a notice from court on the maintenance and appeared in the court and applied for abjection and the date is given for this month last week. Could you please suggest like what would be my next course of action or preparation on this.

Other details:
My take home salary is around 35k
My wife is also working and drawing around 20k

P.S: Very soon I will be applying for child custody of my son who is 2.5yrs old now.

Thanks in anticipation!!!
Victim



Learning

 12 Replies

akash kapoor (*************)     15 April 2011

If you are telling the truth then you have nothing to fear. First of all cathch hold of a good lawyer and do as he says. If the other party has some kind of medical evidence that can certify the charge then her case can hold good. As medical proof in this type of cases are substantial. For you it is important that you take a good lawyer as your case has multiple charges that can also attract non bailable warrants.

Patience_Adi (IT Professional)     16 April 2011

Thanks Akash....Alimghty knows better about my truth.....

Feb2010 498a was registered and other IPC's as well...then in march Civil suit from my MIL.....and last month maintenance notice from my lovely wife..... and by the grace of Almighty...I along with my family members got AB and then after 3months we also got regular bail(that was last year)..... Even my two sisters and their husbands are also included in the complaint...My sisters got married 11yrs ago and since then they are staying with their husbands, but still their names have been included..... And one more thing to inform you is, my MIL is member of some Womens organization ;-). After my FIL's death, within in 2 months of period there was an entry of a third party guy in my in-laws family with whom my MIL is being very close now a days(Seen through my own eyes)....and along with him they are using all there contacts to harras me and my family members..... Now I am just waiting for criminal case to start so that I can fight back....and mean timeI would require help on my maintenance case which is on 25th of this month....

Waiting for more suggestions and inputs.

Thanks

1 Like

Arup (UNEMPLOYED)     17 April 2011

...then in march Civil suit from my MIL....

 

-----      what is the sub and sec of this civil suit?

Arup (UNEMPLOYED)     17 April 2011

noted, Civil Procedure code 1908 26(1).

Arup (UNEMPLOYED)     17 April 2011

Cpc Sec 26    Institution of suits.

 

26. Institution of suits.

Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

------     it will be something else.

Arup (UNEMPLOYED)     17 April 2011

my MIL is member of some Womens organization

 

---------      it will not give her any weightage at court.

Arup (UNEMPLOYED)     17 April 2011

After my FIL's death, within in 2 months of period there was an entry of a third party guy in my in-laws family with whom my MIL is being very close now a days(Seen through my own eyes)....

 

------- is he your satin or your new fil?

Patience_Adi (IT Professional)     20 April 2011

Thanks for your reply Arup...

So, how will I proceed with my maintenance case now...I dont want to pay any money to my greedy wife....Though my son is entitled to it.

Patience_Adi (IT Professional)     21 April 2011

My wife has shown in the maintenance that she is not working and I am earning salary of 65k and she is asking for 35k as maintenance...whereas my salary is 35k only.....and she has also said that husbnad dont have any dependencies.....whereas I am with my parents who are of 65yrs (Father) and 56yrs (Mother).... and my wife is working and drawing around 20k per month....and she herself have stated this in her witness statement of 498a which I got to know from the charge sheet....how should I prove all this at court....Please guide me...

Also my 498a chargesheet is submitted to court in the month of Jan 2011....so, when will the trial start....Please help me in my legal fight.......Thanks

Patience_Adi (IT Professional)     26 April 2011

Hi All,

Request your suggestions and advices.....

Thanks in advance

Sarvesh Kumar Sharma Advocate (Advocacy)     27 April 2011

tipical but not to worry just face the trail seriously attand each and every date in the court !

these above sections easy to file but diffecult to prove!

Patience_Adi (IT Professional)     28 April 2011

Thanks Sarvesh..

Can I file any counter cases against those people..

Thanks


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