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(Guest)

Need some help please

I was NRI at the time of marriage, got married in India & took my wife to Dubai, things were good till 2 months, one fine day my wife was not found in my apartment when I returned from office. I searched her all & enquired about her at her home in India over phone, and then they informed me that she was coming back to India. Later I came to know that the air tickets were sent by her elder sister’s husband. Immediately I returned back to India and tried to reconcile the matter but her father was not ready to sit for the meeting. By this time I got an appointment to London.

After this she filled a 498a case against me & my parents, I was called back from London by the police who were under her pressure. Then a meeting was organized, at this time her father did not bring her to the meeting but instead he & the husband of her elder sister demanded 15 laks. At this moment also they did not reveal the correct reason or you can say a genuine reason. I chose to contest the case, for this reason I had to resign from my job. After fight in case for 2.5years long I won the case. In this it is established that she came to India without informing me, the tickets were sent by her elder sister husband, Her returning to India was only known to the husband of elder sister even her parents were not knowing about it, she lived happily with me in my native place & in Dubai, I was forced to resign from the job by her & I lost the job because of her. She could not prove any of the allegations made on me & my parents.

During this course of time she filled cases for maintenance 1 in Criminal case where she demanded maintenance of Rs 75,000/- and 2 in civil case where she demanded maintenance of Rs 30,000. In both the cases she is not able to prove the allegations of cruelty & desertion; even she is not able to prove my monthly income where I have declared as un-employed. I have registered a case of RCR.

In maintenance case she wants the details of the money sent to India through Reserve Bank of India (RBI) after marriage and accordingly applied to the court & the court has accepted it.

Now my Question is:-

  1. What will be impact or effect if the report from RBI shows some money has come in by name?
  2. Is she entitled for maintenance, if yes what may be the amount of maintenance (approximately).
  3. If I appeal to the High court will both the maintenance cases can be combined in one case or heard simultaneously.
  4. At this stage of case if I get a job and I move on, Am I required to attained the court on every date or my lawyer can attend.


Learning

 22 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     24 May 2010

  1. What will be impact or effect if the report from RBI shows some money has come in by name?

        well it may be treated as your income. 

  1. Is she entitled for maintenance, if yes what may be the amount of maintenance (approximately).

          it is normally decided on your income, as you dont have so it  has to be under discretion of court. 

  1. If I appeal to the High court will both the maintenance cases can be combined in one case or heard simultaneously.

         for that you need not be required to appeal in high court simply tell your advocate to apply for joint or combining trial of both the cases, if not succesful then you can appeal the same to high court.  

  1. At this stage of case if I get a job and I move on, Am I required to attained the court on every date or my lawyer can attend.

           court will allow the same but on the day required you will have to be there.

 


Ashok Yadav (Lawyer)     24 May 2010

1. It will affect the maintenance amount.

2. Yes she is entitled for maintenance, because she is living apart from you, whatever the reason, court will allow maintenance in her favour. Amout depends upon your earnings, wealth, status in the society, financial capacity to pay etc., it depends on court what it deems fit.

3. The case u/s 125 Cr.P.C. is of criminal nature, and maintenance in civil court is a suit of  civil nature, both suits can not be clubbed as  a single suit in the court. But maintenace amount which will be awarded fistly in civil or criminal case, amount of that award sahll be accountable in a later case judgement which may be civil or criminal, at later.

 

4. Yes you can go for a job, on application to the court, court exempt you from personal appearance, but you will have to attend the court when its necessary in the eyes of court.


(Guest)

Thanks Mr.Gulammayudin A. Gagdani, it was a good piece of advice, but how come that money comming in will prove my income, it may be sent by some one else in my name, as they do not take any proof of Identity from the remmiter for certain amount. & I was not working in the RBI, Secondly how can she be entitled for maintenance as it is proved in 498a case that she left my home on her own without any information, even she is not able to prove the reason for deserting me, she is not even proving the alligations made by her in her cases, and I lost the job b'cos of her cases (Which is accepted by her & proved in 498a case), & thirdly I was employed at the time of marraige in a private company outside India and at the time of filling the cases I was jobless & unemployed and I do not have a penney left with me as I have spent all my earnings in court & lawyer fees, & I am sitting at home doing nothing & living on my parents earnings. Do even now she is entitled for maintenance, ( I just went through the section 125(5))


(Guest)

Mr. Yadav, I think you should elobrate your saying in Sl No:-2, Just because I married her & she is living apart from me & I beeing an NRI or somthing I should give her maintenance. is this juistice towards me or does the law say's that. please refere to section 125(4) & give me your expert advice

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     24 May 2010

WELL IT IS AN ABLE BODY -STATUTE AS SHE STAYS APART FROM YOU AND SHE BEING YOUR WIFE SHE NEED MAINTAINANCE THAT IS A LEGALLY AND BY VARIOUS HIGH COURT JUDGEMENT - NOTED AS.

NOW IN YOUR CASE WHAT JUDGE CAN DO IS EITHER ALLOW MAINTAINENACE OR BECUASE OF HARRASMENT FROM HER, AND TILL SUCH EXTENT THAT YOU HAVE LOST YOUR JOB.COURT WILL USE DISCRETIONARY POWER AND MAY NOT GRANT MAINTAINENCE BUT IT IS VERY SUBJECTIVE.

AS COURT JUST ND TO KNOW WHETHER YOU HAVE ANY SOURCE OR INCOME OR NOT, IT BEING YOUR RESPONSIBILITY TO MAINTAIN YOUR WIFE AFTER MARRIAGE, THEREFORE NORMALLY MAINTAINENACE IS ALLOWED TO SUPPORT LIFE OF WOMEN.


(Guest)

Mr.Gulammayudin A. Gagdani, that was a bit trick answer, you keept the lamp on the wall in center of the room so that light falls on both the side. Any ways, i would like to trouble you some more;

1. The factor of my income will be the income at the time of filling the case or at the time of delivering the judgement. or will  be at the time of marraige.

2. About the quantam; is it so that as I am some wealthy person & I should pay her some heavy amount monthly as maintenance or the amount may be to fullfill her daily basic needs like food, shelted & clothing and not on her luxuary.

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     24 May 2010

WELL WHAT I MEAN HERE IS AT TIMES LAW IS SUBJECTIVE IN YOUR CASE I DONT SUPPOSE MAINTAINANCE WILL BE APPROVED.

1. The factor of my income will be the income at the time of filling the case or at the time of delivering the judgement. or will  be at the time of marraige.: WELL INCOME WILL BE YOUR CURRENT INCOME.

2. About the quantam; is it so that as I am some wealthy person & I should pay her some heavy amount monthly as maintenance or the amount may be to fullfill her daily basic needs like food, shelted & clothing and not on her luxuary.: MAINTAINANCE AMOUNT WILL NOT BE FOR LUXURY BUT WILL BE FOR SATISFYING HER BASIC NEEDS OF FOOD,SHELTER & CLOTHING.

Well i do understand what you mean but it was just for your information.

Regards.


 

Ashok Yadav (Lawyer)     24 May 2010

Mr. Sagar you are over confident, and if u thinks that you have all legal knowledge, then why you are asking this question on this platform.

 

You are asking about sec. 125 (4) Cr.P.c.

Section 125(4) -No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with him, husband, or if they are living separately by mutual consent.

First condition- if she is living in adultery- Have you proved it in the court that she is living in adultry.

Second Condition- if, without any sufficient reason, she refuses to live with him- only you know that she is  living seprate without any sufficiant reason. I am sure she has been given many reasons in the court that why she is living seprate. (Proof is Sec 498 A IPC, Case, she has given cruelty as reason for desertion) And now it depends on evidences & court.

Third condition- if they are living separately by mutual consent.- You are not living seprate by mutual consent.

Mr. Sagar your case does not fall under any of the exceptions of sec. 125(4) Cr.P.C. and it will prove by the judgement of the court, just wait and watch.

Mr. Sagar it s the moral duty of husband to maintain her wife , if she is unable to maintain herself. In many judgements Supreme court has decided that the husband will have to maintain her wife, even if he is job less or not earning any thing.
 


(Guest)

Dear Mr.Gulammayudin A. Gagdani, that was some relife to me, this was my side of defence, now let me turn the table on the other side, she is a qualified (B.A) person & has done interior decoration course & computer course from private institute (Kohinoor institute) the photo copies of the same are there with me, & at present she is working in an outlet of Vodafone as recipsionist, and has informed the court that she is doing household work & not working. Now how can this help me in strengthning my case & what shall be done further as I am not able to get any proof that she is employed. How about taking her photograph when she is sitting in her chair & producing it in the court.


(Guest)

Mr. Ashok Yadav, I think you should reed the matter what I have posted & then advise, my case fits into the second case.

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     24 May 2010

WELL NOWADAYS PHOTOS, AND VIDEO SHOOTING IS ACCEPTED AS EVIDENCE SUBJECT TO ITS AUTHENTIC AND ORIGINALTIY.

BUT IT CAN HELP YOU ALOT AS SHE HAS ALREADY STARTED WORKING AND THEREFORE COURT MAY GRANT CASE IN YOUR FAVOUR.

AS IT WILL DEFINATELY HELP IN GETTING CASE ON YOUR SIDE.ALONGWITH WHAT YOU CAN DO IS THROUGH YOUR ADVOCATE SEND NOTICE OF PRODUCING OR FOR INSPECTION OF DOCUMENTS OF STORE WHERE SHE WORKS, AS STORE MUST BE KEEPING ITS SLARAY REGISTER AND OTHER INCOME AND EXPS. DETAILS IF HER NAME IS SPOTTED IN REGISTER OR AVAILABLE RECORD, THEN IT MAY ALSO HELP YOU,

IN THIS CASE IT WILL DEFINATELY HELP YOU, TO STRENGTHEN YOUR CASE.

REGARDS


(Guest)

Dear Mr.Gulammayudin A. Gagdani, it was great talking to you, as I have to go for some other work I will be on line tommorrow, please be on line as I have some more quarries, Any way thanks for the valuable advice till now, see you tommorow.

with regards

 

Sagar

sangeeta mehrotra (conveyancing matrimonial counselling divorce matters)     25 May 2010

dear

if your wife, after losing the 498A case have not appealed against that order in any higher court, SHE IS NOT ENTITLED TO ANY MAINTENANCE WHATSOEVER inview of the fact that you have filed RCR and also in view of the lower/trial court's positive observations in your favour.

Sangeeta Mehrotra

9899686031


(Guest)

Dear Mr.Gulammayudin A. Gagdani / Mis Sangeeta Mehrotra,  As I have told earlier that I had filled RCR case but that case is suspended for some time as I have appealed in the highcourt for stay over interime maintenance, as this interime maintenance is second one, earlier an Interime Maintenance is passed in criminal case under section 125.

If I withdraw this RCR case & apply for divorce, will the maintenance case be affected and how ? what will that prove ?

Secondly can I say to the court that I am harrassed by her as she filled a false police case under section 498a against me. which may be usefull for getting me divorce, & strengthining my case in maintenance.

Thirdly my wife says that she was treated with abusive words, unnecessaraly quarreling & I was arguing with her for silly reasons etc. And during this entire case she has not explained or told the court the exact reason of her being harrased. Now I would like to know that, the silly reasons, using abusive words or unnecessarly quarriling contribute to harrassement. if yes how can that be defended in the court (let me tell you that at no point I have said any wrong word to her, neither her family nor her friends, insted i use to encourage her to talk to her friends over phone, vedio conferencing)

Mr.Gulammayudin A. Gagdani / Mis Sangeeta Mehrotra, I hope you are cumfurtable with my tone.

Sagar


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