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JAIHIND (dd)     13 February 2012

Can i prove that i didn't avoid her

Okay it might sound stupid but i feel that i should ask experts in this website. I am NRI and my wife has filed several cases on me and all of them are pending no judgement has been passed yet. She filed Crpc 125,498(a) on me. Now today i had one evidence in my hand don't i can use that. During Crpc 125 petition she filed case with my last name as her full name and recently her brother is getting married and in wedding card she has used "Kuvari" which means "Not Married" can i use this proof against her in court saying that she doesn't admit that she is my wife and yet she wants maintenance from me. When she wanted maintenance she used my name as her full name and when her brother is getting married she used her father's last name with "Kuvari" in front so that she finds another bakra easily without saying that she was married before and once she find another bakra she will come to me and ask for mutual consent divorce. Experts how should i ask my lawyer to manipulate this and present this in court.



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 4 Replies


(Guest)

It doesnt have any effect.

Mere by adding name "Kuvari" in her brother 's marriage ceremony doesnt bar to get maintenance.

Tajobsindia (Senior Partner )     14 February 2012

@ Author


1
. Does alleged facts mentioned under Complaint under S. 498a IPC and further alleged facts mentioned in her Application under S. 125 CrPC makes any sense to you and are they true to facts that you are clouding your judgment by allowing elephant to pass by and holding on to her tiny winy tail !!!  Wake up and suggested to concentrate on false allegations contained in either and both nature of complaint suits and contest them to the best of true facts that actually transpired during matrimonial relationship between you two instead of dreaming to gate crash her brother's wedding party.

 



2. Only in S. 125 CrPC avoid (neglect) is to be proved and not under S. 498a IPC as it works on different ingredients. Suggest you to read last 100 post threads to gain knowledge on these two sections of Law here and then ask us more questions we would help you.

 

 

Infact it is better if a errant wife gets re-married soon; one logic you guessed right and second logic is that in future she cannot claim maint. under change of circumstances from her ex husband if she remains for long un-married status.

1 Like

JAIHIND (dd)     14 February 2012

Yes Tajobsindia even i am wishing if the b*tch gets remarried soon so that i am off the hook better keep quiet and just wait and watch. It's been 4 years by this time she has lots of hope tht i will come back but no i am just not going to accept her anymore. Today was valentines day she expected me to call her and say "Darling Happy Valentines ? " She could keep dreaming forever.......they are trying to hook her up with someone so hard but no one is accepting her because of court cases & her stubborn behavior. One person she found who was willing to accept her but tht guy was already divorce and he was 10 years older then her so she rejected him (Funny she got guts to reject someone whereas she is already rejected by me)

As far as Crpc 125 & 498 (A) is concerned i am very familiar tht how both cases operate on different ingredients just like u said.  498 (a) was pending in police station and my lawyer said that it has been written (SEE SUMMARY) on tht case coz they couldn't file chargesheet since i left india right away therefore my lawyer says tht i should not worry about 498 (a) only case i need to worry is crpc 125 which is still on going. I am wondering wht hell she can extract from me ? I don't have any property, just father property (Self Acquired by my father) so she doesn't have any rights on my dad's property besides that all of me and my parents are living abroad is she going to extract money from me from abroad and tht also she wishes to go uncontested as if i am not going to contest and it goes against me and then i will pay her she must be dreaming about it. Funny thing is they were the ones who said tht they don't want to send their daughter abroad and later when i go to divorce them they filed all these cases against me and now they want big chunk of money. Let her wait 10 or 15 years more neither i get married neither she gets married. Let's see who wins......

Dr J C Vashista (Advocate)     15 February 2012

It hardly matters in a pending case u/s 125 Cr. PC & 498A IPC, if she writes "Kuvari".

Wait for her next step and seek legal advise, it is still premature to comment.


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