Need help in fighting false 498a, crpc 125, maintenance etc.

Hi Ankit,

All cases run on merits. If you have no kids then better to get rid of her. As she went to police station today, she can do any thing tomorrow.

You need to remember below points.

1) She can bribe police and file FIR 498a and DP act 3/4 any time and it is non-bailable. So becareful. Police can send you remand without any inquiry.

2) She can write any thing in the FIR and include your parents also.

3) She can file DVC or CRPC 125 (Maintenance ) and also ask residential relief from you.

Judges in the trial court are empowered to give interim maintenance like 5,000 per month till she proves allegations and it runs 2 to3 yrs for sure.

If she is working and if you can prove that no maintenance will be given.

Let me know if you have any questions.

Dear Friend,

"498-A" a tool in the hands of educated women to harass her in-laws. In 95% of cases the complaint is false and fradulent. Now, since she has filed this complaint fight it. From your narration it appears that your marriage is beyound reconciliation. You file for Divorce on the ground of cruelty. Yes, cruelty. This ground is also available to husbands. Consult one good family lawyer in your city and make move. 

Regards

VIRAJ KADAM 

Advocate 

Ankit,

Remember only 498a case is closed with your acquittal, then only it becomes ground for divorce. It takes 2 to 3 Years depends on pendency of cases in the court.

I differ from the point of @ Raja _498A that judges at Trial court are empowered to give interim maintennace of 5000/- per month.

Sir,

In DVA 2005 the megisterate has discretionery power to allot maintenance and relief by seeing the facts and circumstances according to financial capacity of husband.But in other cases there is no empowerment or you can say there is no universal judgement to grant 5000/- maintenance.It solely depends on the merit and facts regarding income of either of the spouse.

@Ankit,

If you have cancelled her all allegations at Caw cell then why you have bowed to her for settlelement.You would have proceeded the case on merit,as you have ample of evidences against her.

See,a single nightmare at Police station is better than rest of your life's nightmare with her,better file divorce on the ground of mental cruelity and fight your case by tooth and nail.

best of luck.

@Sufferer,

I am not saying by default it is 5,000 for all. Ankit told that she falsely claimed 30,000 per month and Judge may give IO as 5,000 per month in DVC as she claimed his income 60,000 per month.

If she is working or any other source of income, he can appeal in higher court or sessions.

Majority of Judge checks all evidences and decide the IO.

My case itself is an example which is against what you told (any thing is possible). My Wife claimed my income as 70,000 and asked for 20,000.

Trial court Judge himself without checking facts that she is working ordered 8,000 per month without my knowledge and my lawyer says Judge is empowered to give such order. (even before summons and I didn't even appoint lawyer in DVC).

I went to High court for appeal and next week it will be decided to cancel or not.

Let me know if you have any questions.

@Raja: Sir My marriage is of less than a year right now and 1 family lawyer told me that i have to wait for completing a year of marriage before filing for divorce, 

@Sufferer: That is 1 mistake i did because of some person's advice to take her back and see how it goes for the next couple of months, however 1 thing that happened was that she has given a documented statement that she has filed a false case. i have filed RTI to get the copy of the complaint and the statements given. My statement was if she takes the case back then only  i will take her back which did not happen... as i already knew that is going to happen. when she called the last time asking to come back i denied and she again went to the CAW cell from where i recieve the call and she said that i will get arrested. as i am not taking her back after giving the statement, i said that she has not taken the case back and my statement was to take her back once the case is withdrawn, After the call from the I/O of CAW Cell i went to the CAW Cell met the I/O who called me and theatens me to get arrested. Sat there in front of her for the entire day and repeatedly the next day asking her who is going to arrest me please call the person and arrest me...?? The I/O apologised and said that she cannot arrest me as she does not have anything against me. and granted me leave. ;) , Now there is this case which i have to fight and i am just waiting for the copy of the complaint of the CAW Cell 

Ankit,

As I told 498a case runs 2 to 3 Years based on the pendency of cases in the court. Only when court gives acqittal, you can file divorce on cruelty.

So let it complete 1 yr and then think of divorce.

First priority is defend your self of 498a and DVC cases..

@Raja: i agree with you. 

@Raja_ 498a victim,

You -yourself admiting that your lawyer told you the crooked stroy and you believed.It was your fault that you had not fought your case seriously,you have not shown the exact in hand income,your all expenses and liabilities before her and proove her counter allegations as false.

Nowyou have gone to HC.......!

Anyways best of luck,next time be ahead of her at any cases to counter her.

@ Ankit,

I would suggest you to first Know your Fundamental rights and then her women laws.

Be a constant reader of LCI related to your case.

For your concern:

As per your second post revealed I will suggest you to complete your one year duration till then have amicable talk with elder members of your family and her family and come to one single conclussion as what she want's and what you expect.

Based on the above facts you proceed for remedies.

If talk on MCD is agreed then go for that or else never succumb on their fallse cases for heavy extortions.

There is no law who will force you to coahbit with her if you don't want.

Collect her educational and working experiences and see wheteher is able to do job or not,make different strategies on her educational qualifications that she can easily get a job and maintain her.

Hire an extremely smart lawyer who could argue your case on maintenance as well as your divorce on mental cruelity if MCD is not there.

@sufferer,

When I am not aware of the DVC there is no question of fighting it and producing evidences.

This is what happened to me.

1) My wife filed DVC and I am not aware of it.

2) No Summons were issued to me. Opposite party managed it.

3) Last month, I got summons to attend the court.

4) I appointed lawyer and when we saw petition, found that IO is ordered for 8,000. Whatelse lawyer can do as myself and he also checked the petition on the day of his appointment.

I am shocked that how it happened. Went for appeal.

Let me know if you have any questions. If any thing went wrong from my end, It will be useful to me.

If such thing had happened then no need to worry just appeal for interim stay it must be listened with all prooves of your income.

is it a limit that a judge can pass jus ta maintaince amount of max 5 to 20 k per month?....

It depends on Judge and location. In my location there are 2 Judges. One Judge always checks on merits and decides IO and other is biased.

Other one is always by default gives 8,000 per month. He is sure that we will go for appeal and it comes down to 4,000 or 5,000.

In geneal, it will be 1/3 of husbands income but depends on case by case. Like duration of marriage, kids and wife and husband income.

In my case because of bad luck (already got 498a wife), my case went to other Judge and he order IO 8,000 without my knowledge, using his empowerment.

I went to appeal and it will be decided next week.  But only thing, I need to pay money to lawyer and timewaste and presse ure.

I have evidences that she is working and I submitted before HC. 

Had Biased Judge asked me before giving IO, this situation wouldn't have come.

That is what I am telling, any thing is possible in India. (Police, Bench clerk and Public prosecutor all are most corrupted).

Lessons learned from life: You should never marry educated and irresponsible lady. Even if she is educated, you need to see she should be humble and determine whether polite and give respect or not. That is what key of marriage success.