KNK A Learner (Learning to share) 21 March 2011

Blackmailing, threatening about First Marriage and False 498

I was a mutual consent Divorcee in 2006 and married 2nd time with a poor Girl in 2009 and had a family life for only one Day, doesnt have any children. From Day one, they are threatening and blackmailing with my first marriage. Because of constent Threatening and Blackmailing, i filed for Divorce. After Receiving Divorce Summons they filed False 498A, In that, they mentioned they gave nearly 20 Lakhs Cash and didnt knew about my first marriage and mentioned all other allegations.

But i had an SMS message from her saying because of no money they gave her to the 2nd marriage person.

Now how to prove that i didnt take any money from them and how to prove they knew about my first marriage and wanted implicated my family in False Case?

Doesnt it amount to Mental Cruelty (Blackmailing and Threatening) apart from False 498A?

If at all i have to pay interim maintanence, how much do i have to pay her if my take home is 40K and what would be the Permanent Alimony for her. On what grounds i have to fight against Interim maintanence and Permanent Alimony?

Thanks in advance

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3 Replies

Tajobsindia (Senior Partner ) 21 March 2011

@ Author

The best source for answers to your basic questions are well suggested by writers in this very LCI family law forum.

Just take pain in reading past messages from Aug. 2010 onwards you will have a bundle of info. in hand only if you like to self help otherwise wait some writer will give you parawise gyan on same que. earlier answered so many times..........

Hardik Mehta (Family Counsellor) 22 March 2011

KNK,

Just visit www.498a.org and you will find your answers there. FYI, One such person has filed the Tax Exavvion Petition against the FIL stating that he has given Rs 13 Lakhs cash, and now he has to pay Rs2,21000 as the Tax for the undisclosed amount of 13 lakhs cash. This would be the severe blow to them.

Rest, since you have filed the divorce, this would be useful to you in future. Permenant alimony depends on the divorce and if your cruelty is proved, then they would not get any alimony.

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KNK A Learner (Learning to share) 22 March 2011

Thank you Hardik, I didnt get this Sentence. "if your cruelty is proved, then they would not get any alimony" .
A hindu wife is entitled for Maintanence or Alimony without forfieting even after divorce, no matter even if cruelty is proved. Can you please help me, how to avoid maintanence or Alimony. if cruelty is proved.