Is wife is ready to fill dowry case?

Dear i am not law expert.But a victim of 498a/406/506/125/divorce also from last three years. Myself filled Sec-9 before six months of 498a.Now decree of sec-9 in my favour.Becoz she does not take care about this and father sent one sms to me.That "faltu ke case karke kya fayeda hoga tujhe". Interim is decide. other case is running.du eto that i am tellig sec-9 is faltu ka case. We are educated have internet AC cabin etc. But think about other family victim of 498a.Who have all these facility for communication. Only depends on money looters lawyers.At that time this sec-9 is so much useless. Needs your views also pls. Thanks,

Please read through Shonee post under criminal category under dowry section titled " Why not to file restitution of conjugational rights" all discussions were covered there with full legal /practical details.

Thanks for shareng the your view with me. So sorry as you are also figthng for your case. Hope that everything will be ok ASAP. My family lawyer told me that after few month we will fill a sec-9 case as we dont know what my wife will do as there are no such action from her side. We are just wondering that may be she will fill a 498a case againts me only in family presure. If she will do the same then what will happen to me.. Police will arrest me without any notice (she will fill the case in lucknow and i am working in ludhiana) or they will call me to come down to lucknow. Can she involve my family too in this case as they dont live with us.we both wr in ludhiana and my family is in delhi.

She can involve your family members easily.

Dear All 

              Kindly reply! its urgent

we took this matter to mediation court the dicussion date was 24 march-013 but noone from her family ws there. Now today my dady recived a notice from my wife side regrding section 123 and we are just thinking that my be they will fill  fake 498a case also. Kindly guide me for the same and what is the max amount i haveto pay to her. The next date for mediation court is 18 april and section 123 case date is 28of april. 

Originally posted by : kumar
	Dear All                Kindly reply! its urgent we took this matter to mediation court the dicussion date was 24 march-013 but noone from her family ws there. Now today my dady recived a notice from my wife side regrding section 123 and we are just thinking that my be they will fill  fake 498a case also. Kindly guide me for the same and what is the max amount i haveto pay to her. The next date for mediation court is 18 april and section 123 case date is 28of april.

 

Are yuo sure it is section 123? I think it is 125!

yes its 125

Originally posted by : kumar
	yes its 125

AS suggested earlier, have you applied for AB? or still waiting for that lovely genie to file a 498a on you and your parents?

Q:  125 crpc, how much you need to pay?

Ans:  That depends upon how much the judge will order you to pay.

The two important ingredients of Section 125 are that you have neglected her and apart from it she is not able to maintain herself. As you are already in process of restoring the marriage by way of mediation, prima facia you have a strong stand. So I suggest that you appear before the family court and file the proceedings of the medition proceedings. This will show your bonafidy of restoring the marriage. Else the family Court will award her some interim maintenance and till the end you will keep contesting this amount but it will not reduce. And if you will not appear before the family court then the said amount will be decided on the basis of her case, in which she must be obviously asking for an exorbitant amount. 

i am in ludhiana and my family are in lucknow.. and she will fill the case in lucknow only... can i apply for AB from ludhiana or not

If you think she will file 498A in Lucknow then unfortunately you need to apply for AB in Lucknow only. And also to inform you, unfortunately  in U.P. by state amendent there is no provision of AB in trial Court so you need to go straight to High Court in writ petition(Criminal).

So I suggest that you appear before the family court and file the proceedings of the medition proceedings. This will show your bonafidy of restoring the marriage.

Didnt get this point .. the date for sec125 is 28 april..what should we do now...should i consult the medition court again? 

As your mediation date is before the 125 case date appear in mediation and bring this 125 case on record. As it appears, they (the girl and her family) are obviously not gona come before the mediation proceedings. So just get the copy of the proceedings again and go with them to appear in the 125 case. You dont need to approach the mediation court before 18th april.

Thanku so much ....god bless you ..its really a gr8 support ...

my lawyer told me that there is no AB in lucknow now. You need to fill  case and under that you can apply for the bail. In lucknow you can not approch high court for AB. is that true ? I told him tht i am seraching everything on site and from there i came to know that 1st we need to fill AB.