Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ramu_2408 (Analyst)     30 September 2011

Need suggestion

Hi Shonee,

 

Got married in feb,2009. My parents live in different district and I with my wife  lived in Hyderabad since marriage. She filed 498a,506,109, DPA 3& 4 and DVC on Jauary,31, 2011 on all the 5 members in my family(Father,mother, studying brother, married sister). All the allegations which she mentioned are false and I had documentary and audio recording evidences for all of them. Till now we are just going for the court dates and coming. In 498a me,mother and brother were chargsheeted. My few questions are below:

 

1.she is not working but Bcom graduate. She is asking 10k/month in the maintenance case(no Children). I suspect the judge my pass order in the coming month. If that is passed I want to counter it. We have 2lakhs fixed deposit on our both names(joint). This 2 lakhs is given by her parents and there is no proof for it. So in case the maintenance is granted can I ask the judge to tell my wife to come to the bank and sign on the FD’s to cancel so that I can give her that maintenance. In my counter and counciling I told the judge that she sent fir copy to my office and she spoke to my manager about my arrest and was jailed for 3 days blah blah blah. Because of that they removed me from the job and have no money for her to give.

 

2. She said to the judge that she is willing to come back to me now, but I said that once the cases are completed only, then I can think of it. She will not agree for divorce. I don’t want her back in my life. What can I do in this situation?

 

Please suggest me. I will be thankful to you.



Learning

 3 Replies

sangam kumar (Web Maseter)     30 September 2011

Online Legal consultation from Pune Civil Corporate Litigation lawyer, attorneys, solicitors, Pune lawyers firm Advocates & expert Civil, Criminal Lawyers in Pune Lawyer\'s (advocate\'s) provides online legal help, legal opinion,legal information in Pune.
 


(Guest)

Author above-

 

 

1. Maintenance amount will depend on many things, like

 

          a. Your income, her income

 

           b. Your liabilities - loans, your other commitments, like family father etc.

 

           c. Section used for asking maintenance - like crpc 125,  HMA or DV

 

You need to put your objections to her maintenance application - interim  and final.

 

If you are pleading divorce and your wife is pleading RCR - the case will be on merit. you can plead thid

 

             a. Run both of case in the same court and together.

 

             b. Put across and prove to the court that you have sufficient reasons to live seperatly from your wife. Some of the grounds for living seperatly are - cruelty - both physical and mental, dissertion.

ramu_2408 (Analyst)     30 September 2011

Thank you. She claimed maintenance through PWDVC. The judge has not yet granted the interim. But in case the judge grants it, even if i keep objections also I came to know that they are not accepting it( Abala nari). So in this case can i ask the magistrate for my wife to come to the bank to cancel the fixed deposits which are on joint names? They wil step back on the maintenance if this happens as i would give only the money which they gave me.

Next thing can I file divorce now on the cruelty and dessertion grounds, even the 498a case is not proved as false?


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