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Want to Live (NA)     03 June 2013

Thank you all

Hello Everybody,

 

I can't say that i won the battle, because both the spouses will be at loosing ends when a relationship breaks/ends.

First of all I would like to thank each & every individual who have supported & guided me during last couple of  years in this forum.

After all the efforts I some how made to convienced the Family court Judge to re think about his own order passed in years 2012 u/s-125 cr.pc.

My wife has deserted me 2 years ago & filed falses case 498A, DV & 125 Cr.pc. Family court has passed the final order u/s 125 Cr.pc in 11 months time, no interium order. maintenance granted despite the facts that she has deserted me. I have filed revision in HC but rejected.I filed RCR & I started paying maintenance but only 20%-25% of the actual amount & start telling the court that I am willing to cohabitate with my wife, filed RCR as well to get her back. she refused to come back stating the same baseless reason i.e. death threath, dowry demand bla bla. she always shouted for the complete arrear payments on every date, but judge neglected her & start giving 2-3 months date. which furstrates her. In aprl-2013 she filed fresh execution petition, this time she refused to take anything less than complete arrear amount & requested the judge to issue NBW. but judge again ignored her & given a 2 months date. I have filled petition u/s-127 Cr.pc change of circumstance & stated that  I am willing to cohabitate with my wife, filed RCR as well for the same. if she is refusing to come back then she has to prove the sufficient reasons. there is no evidence on record which proves the ill treatment or dowry demand, thus she is not entitled for any maintenance. also emphasise that above all I am still ready to provide her financial assistance & requested the Family court that kindly consider my 127 crpc petition on priorty basis & i will comply to the court orders u/s-127 crpc. I have also requested to stop the procedding of her fresh execution petition till the disposal of 127 Crpc petition. her lawyer opposed strongly asking to pay the arrears amount to proceed further in sec-127 crpc petition, but after a high voltage arguments we were able to convienced the judge & Judge asked me to file 127 crpc petition seprately & then he will club both the cases & decide the 127 crpc petition on marit. Judge said as per law we have to give husband a fair chance to show cause why he is unable to pay.

On the same day she agreed for out of court settlement & MCD & agreed on amount which is far less than which she was asking previously.:)

I have question can she withdraw her 498A in the lower court only or she has to moved to HC for that.

 

Thanks & Regards



Learning

 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     03 June 2013

A case u/s. 498-A cannot be withdrawn except in AP state. If you are in AP, then your wife can withdraw it in the trial court itself otherwise approach the high court for quashing.

3 Like

Need Justice (manager)     03 June 2013

Hello want to live,

 

Iam also facing the problem of cruelity from my wife's end we are abt to compelete the 6th month of our marriage bt i wanna get rid off her kindly suggest some thing on the basis of your experience.'

 

Regards

Never Give Up (Fighter)     03 June 2013

Success stories ka season chal raha hai :-)

1 Like

Adv k . mahesh (advocate)     03 June 2013

only High court is having the authority to quash the fir of the 498a and ile mutually 

Need Justice (manager)     03 June 2013

Dear Mahesh Sir,

 

Kindly check ur PM

 

regards

adv. rajeev ( rajoo ) (practicing advocate)     03 June 2013

Let her turn hostile at the time of evidence.  You can also submit before the court matter is settled out of court and comrpomised.  Court will record the evidence and will acquit.

adv. rajeev ( rajoo ) (practicing advocate)     03 June 2013

Let her turn hostile at the time of evidence.  You can also submit before the court matter is settled out of court and comrpomised.  Court will record the evidence and will acquit.


(Guest)

Well done...Success especially which comes after a long,hard battle is more sweet...Enjoy

Gopal Arora (Engineer)     03 June 2013

@Want to lieve

Congrats. Please follow the advice by adv Archana. Get 498A quashed before the 2nd motion of MCD. 

Need Justice (manager)     04 June 2013

Dear Archana Madam,

 

Kindly check ur PM again

 

regards


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