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498a victim (NA)     30 November 2012

Divorce and maintanance while 498a is in fir stage

Dear All,

I need some input about my case

Its been 1.5 months that i was framed with criminal charges in form of 498a and DV section.

Now she has filed for divorce and mainatance cases too. I live in US and my court case is on 27th of December. I was e-mailed the court order by her, and i have not received the summon sent by court.

1) How do i proceed from here, do you suggest me to acknowledge the e-mail and ask my lawyer to attend the court on 27th or should i neglect because i never received official summon from court?

2) Does it help my case that she filed for divorce before 498a case is concluded? I am preparing for FIR quash because i have prima facie evidence in form of audio/video and e-mails from her job e-mail id.

3)She also filed for interim mainatance of 30,000 Rs, although she is working for a big software MNC and i can prove that, do you think the judge will any how ask me to give interim mainatance?

4) every notice she ever filed are always inconsistent, and in the recent one she also said she needs financial assistance from me because it is getting harder for her to take care of herself and her son, and i swear i dont have a son with her or atleast i dont have a son that i know of, is this useful to quash the 125 crpc

5) She claims that she is livingon good will of friends and neighbors for food, shelter and other necessities, which is so sad, for i do not know what is she doing with her salary, does proving that she is working for a software company and earn good amount of money will be enough to convince judge to not provide her with interim mainatance?

Any suggestions would be appreciated.



Learning

 6 Replies

victim (master)     30 November 2012

and in the recent one she also said she needs financial assistance from me because it is getting harder for her to take care of herself and her son, and i swear i dont have a son with her or atleast i dont have a son that i know of, is this useful to quash the 125 crpc

 

Ask for DNA test.

 

ANAMIKA VICHARE (LAWYER)     30 November 2012

Pl let me know in which matter you have received email from her and what order.....

Further, according to you if she is working you must beknowing the name of the company....

engage a lawyer on your behalf...ask him to email you the Vakalatnama and permission if it is a family court..for divorce n maintenance case

another 2 Vakalatnama for 498A and DVA...

sign the same send it across to him by courier /post

give the factual information about your marital story...to your lawyer, you can email....

your lawyer can prepare your WRitten Staztement in her Divorce petn and maintenance case...

he will send to you by email....you get it printed and get it affirmed before iNDIAN CONSULATE IN YR STATE...

AND SEND TO YOUR LAWYER, HE/SHE WILL FILE THE SAME....

FOR FURTHER QUERIES...PL SEND EMAIL

anamika_vichare@rediffmail.com

 

Anamika Vichare, Family Court Lawyer, Bandra, Thane, High Court/Sessions/MM Courts

as I have to maintian confidentiality in some of the advises which cannot be given open as they are likely to be misused by women

 

ANAMIKA VICHARE (LAWYER)     30 November 2012

Pl do not go for quashing by way of Writ Petitioin, whatever evidence you have that is to be led in the lower court, so do not waste yr money, time, energy, futile exercise....

ANAMIKA VICHARE (LAWYER)     30 November 2012

Do you mean to say that you are not biological father of her son....?

 

pl send me email

 

anamika_vichare@rediffmail.com

nawaz (HR)     01 December 2012

 

I have few Questions please clarify

As per Muslim Personal Law

1.      When 498 A case is pending he/she eligible for second marriage?

2.      He is eligible for second marriage being a Government Servant?

3.      As Per Muslim Law with out First Wife Consent, He may eligible for Second Marriage?

4.      At present what legal action is correct against him?

surjit singh (Assistant)     02 December 2012

First of all Mr Victim it is not necessary that you should believe the e-mail of your wife so wait till the summon is received by you from the court. In the meantime try to gather evidence like documnets showing that your wife is working in such and such post and getting the amoount of salary.


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