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S.B _Kolkata (Service)     31 January 2010

prior to file false 498a case

As and when I apprehend that there is a huge potential in my wife to be file false 498a case on me & my family, I have stopped to go their house and not attending her phone.

 

But every month sending money for her and my daughter. So at this stage what action would she prefer to take immidiately against me.

She left my house without any reason, Should I stop to send money?

Please help me...

Regards

RRRRRRRRRRRRR



Learning

 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 February 2010

You are duty bound legally to maintain your wife and your daughter even by sending money every month to them and if you stop this, be ready to face its legal consequences.

1 Like

Alok Motan (Advocate)     01 February 2010

if you want to live together...file a SECTION 9 HMA petition....for restitution and bring her back and if you are giving/ sending her money....do it in any legal form...i mean through cheque etc....

She will cliam maintainance from you if you stop sending them money....and then let the court deciede the maintainance.... may be higher or less...that would depend upon whether wife working/ her qualification etc. and your monthly salary.........if you stop giving them money....she may file section 12 DV Act case  etc....not sure abt 498 case as it would depend upon the years of marriage whether it would be applicable or not.......suppose if you are married since 10 years and there is no earlier complaint against you or even if there is no spontaneous complaint after the cause of action arose.....THEN YOU ARE SAFE.............. else......GOD BLESS>>>>>>>>>

1 Like

Ram (service)     17 February 2010

//suppose if you are married since 10 years and there is no earlier complaint against you or even if there is no spontaneous complaint after the cause of action arose.....THEN YOU ARE SAFE//

Dear Alok, Please highlight any case or case law for marriage more than 10 years..

Anybody aware of this please help.

Regards

Alok Motan (Advocate)     21 February 2010

Mr. Ram

ofcourse u are on stronger footings if its been 10 years in marriage and no earlier complaint or any spontaneous camplaint has been made.....!!!!!! the complainant will not be able to succeed though they will only be succeeding in harrassing you but nothing more than that......they wont be able to proove the domestic violance or any dowary demand...if no earlier complaint has been made...........

rest depends upon the circumstances and facts of the case.....

all the best


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