LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

maddy432 (ae)     03 June 2013

Need guidance regarding maintenance case

Hi,


My wife filed a false dowry harrasment case against me in criminal court under sections IPC 498A, IPC 323.

----------------------------------------------------------------------------------------------------------------------------------------------------

Allegations are very common:

1. I harrased her and her father for more dowry of 10Lakhs 

2. She lost her gold ornaments (20 tulas) and cash (10,000) in her matrimonial house

3. I have taken dowry of 20 tulas of gold (given to my wife), bracelet, ring, chain (for my sake) 4 Lakhs cash at the time of marriage

4. I have taken Rs.50,000 worth furniture immediately after the marriage

5. We shifted to Chennai after the marriage as I was working over there for a software company, by then I took 2Lakhs from her father to run house.

6. In spite of taking all these money I have abused her and her parents beaten her so regulary and I'm very cruel.

-----------------------------------------------------------------------------------------------------------------------------------------------------

The real facts:

1. She never returned from her mother's home after the delivery, and this happened three and half years ago.
 My wife has given birth to a baby girl.

2. I have tried to get back her my home (matrimonial home) in many ways through my family elders, parents, sigblings even through my caste sangham president. Even today also I'm very much ready to welcome her.

3. From the begining she was interested to live seperately from my joint family. I gave her enough privacy when we were in Chennai.

4. Keeping her privacy in mind later I moved to Karimnagar, Delhi finally Bangalore away from my joint family (parents lives in Hyderabd) in spite of this she was not ready to come and join me. 

5. During these days she was working and  my daughter and wife both were lived in my in-laws place. One year back she resigned her job by taking the reason of her ill health and my baby.

5. Very recently (1 month back) she came to Bangalore, lived with me for a month then suddenly she left for Hyderabad and with the help of her parents and one advocate (her friend's father), she filed 498A case against me. And also for maintenance in the family court.

-------------------------------------------------------------------------------------------------------------------------------------------------------

I outlined the 3 and half years story in few lines above, at the time of my marriage my wife was working and she was drawing Rs.25,000 pm. After the delivery she joined in another company for Rs. 15,000 pm. She resigned and being idle from past one year, now she is asking for maintenance of Rs. 15,000 (for her) Rs. 15,000 (for my daughter) Rs. 15,000 (for other expenses).
 

Here I'm requesting the forum (any of you) to guide/suggest me, to escape/reduce from maintenance what are the necessary steps I need to take.

Regards,

Maddy



Learning

 17 Replies

Advocate Deepak Gupta (Lawyer)     03 June 2013

If u prove that your wife is working and earning healthy amount , then she is not entitle for any amount , but your daughter  entitle for expenses from you  . If she is housewife you liable to pay the maintenace to her apart from daughter expenses  as per your income . If you prove she willfully without any reason left you , then maintenance case is dismiss.  file case under section 9 of HM Act .

maddy432 (ae)     04 June 2013

Dear Sir,


Few more questions here.

1. By filing the case u/s 9 HMA, do I get any releife from maintenance? How it will goes in the court?

2. My wife was resigned 1 year back willfully to extort money ( by filing maintenance). From past one year she is idle and housewife in spite of she is well educated and she can earn money. 

3. She came to my home (in Bangalore) just 1 month back,  and left to her mom's home (in Hyderabd) and filed 498A/323, FIR also shows a medico legal case also filed, then maintenance case. By observing all her acts, now, it is clear to me that, she was pre -planned and wants only money (huge amount). 

4. In the FIR she stated that I was living with her in a rented house in her relatives house in past three and half years (it is a false statement), actual truth is she never returned after delivery (3 and half years ago). How to prove the actual truth in the court? As court demands for evidence, there is a chance that, she can be able to prove that, she lived wtih me in her relatives house on rent as her relatives can support her.

5. Coming to medico legal case, FIR states that, she was beaten by me and bruises and scares were there on my wife's face. I was harrasing and torturing her for more dowry physically and mentally. 

Please let me know how to handle the situation and how can I prove my self innocent.

 

Regards,

Maddy

Advocate Deepak Gupta (Lawyer)     04 June 2013

If sec 9 is in your favour , then maintainance not exsit . In 498A it common allegation ( Physical and Mental curelty)  by wife side .Initially you have to pay the maintainance to her . Mere statement is only initial evidence , if her relatives submit false rent agreement and false statement regarding agreement  , its crime ( they are in big trouble ) , so dont worry . If any medicial document related with voilence related with concerning voilence date , check it with her allegation with medicial document . ( My view based on your query )  but  your lawyer know more because he very well aware of content and statement in 498A , Maintenance facts .

maddy432 (ae)     04 June 2013

Dear Sir,

 

Please clarify my doubts below,

1. From the maintenance petetion copy, My wife is requesting for per month maintenance from the date of separation. In my case which date will be date of seperation? The day when she went to her mom's place for delivery? or the day when she left to Hyderabad from Bangalore (1 month back)?

2. On what grounds the maintenance will be calculated? I have to look after my retired old aged father (diabetic & cardiac patient) and mother (diabetic and bp patient) too. After going through many posts, I got to know that, after deducting all my monthly expenses (viz., LIC, Mediclaim premiums,  travelling & living expenses, vehicle loan EMI, personal loan EMI, housing loan EMI, income tax) from my monthly salary from the rest of the amount only maintenance will be calculated. Is it true? If not, then how it'll be calculated? 

3. Apart from this I'm a brain tumor patient and I'm forecasting some growth of the tumor due to which I may undergo for a surgery in future. And also my father/mother can also undergo for heart surgery (or other ailments) in future. I mean I/my parents may require money for their ailments in nearby future. Hence, Is it possible to show these reasons to get the reduction in the maintenance amount if it is awarded?

4. And I also checked on few posts that a capable ex-working women is not entitled for maintenance. What are the necessary actions I need to take for this?

5. Do the court will award the maintenance requested by my wife without inquiring the actual facts? Actually familyl court has summoned me to apprear in the court on 9th July 2013. By when court will ask me to pay the maintenance? Do the court will give any chance to me to prove myself?

 

Thanks & Regards,

Maddy

Advocate Deepak Gupta (Lawyer)     04 June 2013

1: Mainteance start from the date of filing maintenance application .

2: Maintenance calculated on the basis of actual amount . You must mention your parents and your problem along with documents its help a lot.

3: Not true , ex-working women entitle for maintenance , it is upto you to prove she is working , till that maintenance continue .

4: No court give you chance to reply the maintenance application after that maintenance start.

Think positively , between husband and wife tension little cute angel life is there .

Manoj Kumar Jain (abc)     15 June 2013

My maintenance was orederd from the date of order. 

maddy432 (ae)     18 June 2013

To: Manoj Kumar Jain,


Can you please let me know in detail about your case.

I mean how much maintenance is awarded? On what factors the maintenance is calculated? Give me a detail explanation or write to me @ coolkad81@yahoo.co.in. It helps me a lot.

 

Thanks,

Maddy

Dr. Jyothi Vishwanath (Associate Professor of Law)     19 June 2013

I agree with the expert.

File a case of restitution of conjugal rights. She has to return to you. If she refuses without reason,

she will not get any maintenance in that case

rajiv_lodha (zz)     26 June 2013

Filing sec 9 case just to block maint is not advisable at all:

1) If she contests this sec9 case, it wil linger on for ages, not sure that u will get timely decision in ur favor.

2) 1st decide whether u want this 498a wife back into ur life or not. Coz sec 9 is meant for this very purpose only

maddy432 (ae)     20 August 2013

Dear experts, Very recently I appeared in the court and instructed to re-appear once after summoned by court (after charge sheet has been prepared). My doubts here: 1. How long it takes to prepare the charge sheet? 2. Do the police investigate the real facts? Or do they take only the money side to alter the facts? (My concern is all allegations mentioned in FIR are false. If the police investigates and takes on the truth side my case will be closed at the stage of charge sheet preparation only) 3. Do I need to bribe police also if they demand for any? 4. What could be role of my lawyer at the time of charge sheet preparation? I mean in what way he can be helpful to me and to police for the true investigation? 5. My Brain tumor also growing and I unable to concentrate my job due to these cases and brain tumor as well. I stopped working and undergoing for brain tumor treatment. My wife filed for maintenance and she has a plan for interim maintenance too. I don't want to pay any maintenance to her as she wilfully stopped working to extract money from me even after being an educated intellectual. But I can take care of my daughter by doing needful somehow. Now we are about to file a counter to maintenance case. Please suggest me how could I make my counter more powerful and convincing. Plz suggest me on the above. Regards, Maddy


(Guest)

A chargesheet has to be prepared within 90 days max. In your case if Investigation officer are avoiding the real facts and joining the hands of your in laws then following pressure you can create on them:

 

 

1. Hire an extremely experienced as well as freindly criminal lawyer who could led you out from this hell.Even he can visit with you to PS.

 

2. Ask your lawyer to file case on those investigation officer under article 226 via HC to restrain these police men from malafide duty.

 

3. file 182 crpc for perjury u/s 155 cr.pc and submit to megisterate of your jurisdiction.

 

4. If any groundless arrest happens to you file IPC 211 and 358 on the account of false complaints and false charges been framed.

 

5. File 330 of IPC for protection from extortion of confession by police if they forcibly try to confess you in false charges.

____________________


Have you file sec-9 ?

if not then file it as early as you can. Your counter should be based on her qualification and experiences as before marriage she was working even before few months she was working.You have to collect her income details and earlier job details. You strongly condemn her that she has willingly gone away so you have filed RCR. Even you have to write your liabilities,your diesease and it cost. You have sevral grounds to counter man. Just club her maintenance case to your RCR and plead the megisterate to see the differences where she is ignoring.

1 Like

maddy432 (ae)     20 August 2013

To: Sufferer,

Thanks for giving me the confidence.

Actually I'v changed my mind to not to get my wife back as she has ruined all our expectations and peace. Even after do I need to file for RCR? Is it advisable? Plz suggest.

I can show all my expenditures to the court. How can I convince the court just by stating in the counter that she is working/worked? Do I need to furnish the evidences too? If Yes, can you please suggest me how can I get those details? Do I need to summon those employers through my advocate? 

One more thing I have noticed that she has few contacts in her linkedin profile and I suspect that, she is still working from home as a freelancer (as there are many opportunities online now a days). Is there any chances of showing or quoting this in the my counter? Do I need to show concrete evidences too for what I state in the counter right now? 

Thanks a lot,

Maddy

 


(Guest)

originally posted by maddy432

To: Sufferer, Thanks for giving me the confidence. Actually I'v changed my mind to not to get my wife back as she has ruined all our expectations and peace. Even after do I need to file for RCR? Is it advisable? Plz suggest.

 

It depends on your wife attitude as what she want,if she is harrassing you without any reason for money then surely she will join you on last day of RCR decree. So,in my opinion RCR is not beneficial for you if you looking for permanent seperation. Any how you have to give maintenance then why to keep 498a wife along with you.

 

I can show all my expenditures to the court. How can I convince the court just by stating in the counter that she is working/worked? Do I need to furnish the evidences too? If Yes, can you please suggest me how can I get those details? Do I need to summon those employers through my advocate?

 

You can take help of your advocate in drafting legal letter to sent her employer for job information and if not then request for court commissioner to help you in finding her employement and income details. For all these you have to your home work sincerely in finding all these stuffs.Use RTI if she is associated with any govt. organization.

 

One more thing I have noticed that she has few contacts in her linkedin profile and I suspect that, she is still working from home as a freelancer (as there are many opportunities online now a days). Is there any chances of showing or quoting this in the my counter? Do I need to show concrete evidences too for what I state in the counter right now?

 

It's highly recommendable to first collect the evidences and make sure that she is earning,then put anything in your counter. You can utilize the contacts of her linkedin to enquiry all these.Lastly you can't escape of doing hard work to find out her income details

 

Thanks a lot, Maddy

1 Like

(Guest)

originally posted by maddy432

 


o: Sufferer,

Thanks for giving me the confidence.

Actually I'v changed my mind to not to get my wife back as she has ruined all our expectations and peace. Even after do I need to file for RCR? Is it advisable? Plz suggest.

 

It depends on your wife attitude as what she want,if she is harrassing you without any reason for money then surely she will join you on last day of RCR decree. So,in my opinion RCR is not beneficial for you if you looking for permanent seperation. Any how you have to give maintenance then why to keep 498a wife along with you.

I can show all my expenditures to the court. How can I convince the court just by stating in the counter that she is working/worked? Do I need to furnish the evidences too? If Yes, can you please suggest me how can I get those details? Do I need to summon those employers through my advocate? 

You can take help of your advocate in drafting legal letter to sent her employer for job information and if not then request for court commissioner to help you in finding her employement and income details. For all these you have to your home work sincerely in finding all these stuffs.Use RTI if she is associated with any govt. organization.

One more thing I have noticed that she has few contacts in her linkedin profile and I suspect that, she is still working from home as a freelancer (as there are many opportunities online now a days). Is there any chances of showing or quoting this in the my counter? Do I need to show concrete evidences too for what I state in the counter right now? 

 

It's highly recommendable to first collect the evidences and make sure that she is earning,then put anything in your counter. You can utilize the contacts of her linkedin to enquiry all these.Lastly you can't escape of doing hard work to find out her income details

Thanks a lot,

Maddy

 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query