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seeker (business woman)     10 June 2013

Nri divorce and crpc 125

Hi  Namasthe!  I am new to the forum.

 

I am married for 2 years.  We lived in India for an year and another year in USA.  She deserted me and children and left to India.  She came back and threatened.  I filed for divorce and she contested and we got divorced and property divided in USA.  She was awarded temp spousal support for 6 months.  she collected 6 months support and going back to india now.  

she filed crpc 125 again and recovery of dowry money(all false) and filed 498a and threatening me to settlement.  Is she eligible for maintainance after she settled everything in USA accpted to jurisdiction here.  She is ruthless and a very greedy person.

She worked before and after marriage, but not right now.  she resigned her job with an intention to seek maintainance, she was earning 40% more than me.  

What are the chances that she will be awarded maintainance in india and for how long..am very confused with women biased laws in india.  There was no DV in USA, but she's filed all false cases in India yet to be proven.  cased didn't start yet..pls guide.



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 5 Replies

**Victim** (job)     10 June 2013

She cannot claim maintenance in two countries. If the settlement is already done in United States then there is no way she will get anything as per crpc 125 in india. Let her do the hard work first and then prove in court in india that she is misusing the system. Don't let this slip off ur hands.....

Advocate Deepak Gupta (Lawyer)     10 June 2013

 If entire dispute settle in USA including ( Mainteance , Stridhan ) she cant claim any maintenance under section 125crpc and recovery of dowry money . Try to receive the copy of case ( 125 crpc) . Is FIR register against you against recovery of dowry money and 498A . or simply  complaint to police .


(Guest)

Once she has accepted U.S jurisdiction and obtained divorce and settlement there,you have very good grounds for quashing 498 A as generally it is not maintainable to file it after divorce.Get a good lawyer.

seeker (business woman)     10 June 2013

Thank you.

 

yes fir is lodged just to harass us, but there is no realty in there, not a bit.

Advocate Deepak Gupta (Lawyer)     10 June 2013

FIR is important legal document , FIR is only initial  information document of crime , evidence related with crime depend on invesigation , so if  u think all the content of FIR is false , file counter complaint to police illustrated all contradiction for fair investigation , so that police file closer report , if police cant take any action on your complaint move to HC . Go for anticipatory bail. As per law police register case against indian citizen (NRI ) . Civil matter  and criminal matter both are different , civil decision is not applicable in criminal matter .


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