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Ravi (Tech. Officer)     05 March 2015

Regarding false 498a , 125 case

Dear Sir,
           I am govt employee and got married on  May'13 and filed a divorce case against my wife in my homwtown Kota in April'14. In the month of July'14 my wife filed a false 498 A case against me in Jaipur due to which i was jailed for 03 days , later got bailed from the court.
        In the month of Oct'14 she filed a petition in Rajasthan High Court to transfer the divorce case from Kota to Jaipur &  wants stay on the divorce case .
       Now she had filed false maintenance case under section 125 and she is demanding Rs. 25,000 per month in Family Court , Jaipur.
                  Sir kindly help me to quash 498a and also to cancel her maintenance  ( I have her call recordings in which she is asking steps to abort my children from her mother , sister , bhabhi and saying that she will give me divorce after 02 years because during 02 years I will make some property and Govt. has rule that wife had 50% share in husband property and she will leave happily) .
My wife is well educated ( BA , BEd , MA , MEd ) and she had written all false things in her maintenance case.
Now my questions are:
1. How can i fight against false 498 case & cancellation of 125 interim maintenance & quashing of 498a.
2. Also can I still fight 498a and maintenance during divorce case.
3. Please guide me how can I take legal action against my wife if high court quashes 498a.
It’s a humble request you to guide me in above three points on priority.


 2 Replies

saravanan s (legal advisor)     05 March 2015

fight the 498a case on merits and if you think the interim maintenance amount is high you can file a modification petition

498a case is seperate from divorce case

harrassed (SE)     17 March 2015

1) You can definitely fight 498A and 125 CRPC along with your divorce case.

2) In 125 CRPC mention the fact that she is highly educated and capable of earning on her own.

3) Fight your divorce case on merits and definitely call recordings will be useful. Share the details with your advocate.

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