Myself SK Gupta from delhi. I got married in June 2013 and we have no children. My wife left home in Jul2013 without any major reason. I had immediately submitted an information letter in police station that she has left home with all her belongings with her brother and they are threatening us that they will file false allegations against us. After one week we had filed an RCR as we were expecting that she will file 498A. She made a false complain to police from her hometown Uttarakhand that my entire family was torturing her for a dowary of 15 Lakh. We came to know that the complain is not yet converted into FIR and is pending with Women cell. She had also filed a case under section 125 from Uttarakhand. The filing date of complain and section 125 was after she received notice for RCR. In the first hearing for RCR she neither refused nor agreed to come home.
Now I want suggestion on following points:
1. What should I do for the complain filed by her. There is no provision for AB in Uttarakhand..
2. She is a Post Graduate and was working as dietician in delhi. After leaving home she has joined full time BEd course in delhi and is staying in Hostel. Is she still entitled for maintainance as she was capable of earning but resigned from job after leaving home. Also, I want to know if maintainance can be granted before judgement of RCR. If it can be granted what can be the approx amount considering my salary as 80K pm with liabilities of 40K pm. Need suggestions.
I would like to clarify that I don't want to live with her anymore.
I agree with expert advice of neededadvice498a. There are ways and means to contest in Women Cell followed by cases registered against you in Court, which you have no option but to contest.RCR will help you to prove her desertion and mintenance can be denied. Similarly when she is qualified and talented but not working again, no maintenance can be granted. Engage somematrimonial expert local lawyer.
I am surprised to know that there is no provision fro AB in Uttrakhand, is it correct?
Yes, There is state amendment in Uttarakhand so no Anticipatory Bail but in such cases 482 CrPC petition for quashing of FIR can be filed and stay on the arrest will be sought from Nainital High court.
Further on maintenance aspect it will be seen as per documents and case filed by her.
If Advocate Jatin Sapra is taken to be relied upon, you may proceed accordingly but before that how did you come to know that your wife has lodged a complaint u/s 498A before the police, did the police send you a notice for inquiry on the basis of complaint, if so, visit the police station accompanied by your lawyer, explain them that you have filed a case asking her to come back and continue the marital voyage which is pending for want of her appearance and filing of counter before the concerned court, hence to avoid her presence in the court that she has designed a new plan to torture and put pressure on you, despite this if police are not inclined to listen to the natural justice then you may proceed for either quashing of FIR or with a petition to not to arrest before the high court. As far as maintenance grant is concerned if court is satisfied that she is not employed and is in need of money to maintain her, there is no bar in ordering for the maintenance amount to her.
RCR is a waste of a case, in the same forum you can read my article, why it is of no use. You would realise that your sending RCR notice has hastened her filing of CrPC 125 and 498a from her hometown. If she is smart, she can get the RCR transferred to Uttrakhand.
It is true that there is no provision of AB in Uttrakhand, but you can still apply for stay on arrest at the High Court.
As for how to proceed the matter, don't be in any haste in withdrawing and filing fresh cases. It just shows that you don't know what you want. Sit with a competent counsel of your trust and define the further course of action. Right now, securing bail is the highest priority.
i am also a female victim of false 498a......my entire family was getting threats for 3-4 years about 498a filing....so in the middle we maintained diplomacy wid the girl & parallel we approached local Sessions Court and filed application for anticipatory bail....Court didnt grant us anticipatory bail but issued an order of "72 hours pre arrest notice & this was without any limitation of time""
a year later my bhabhi filed 498a, police quietly took entire family to police station & they told us about the 498a FIR.....but we also acted smart by god's grace...We had readied a big file against my bhabhi which comprised of many letters sent to police, etc about my bhabhi & all legal notices exchanged....Police came across court's order of 72 hours pre-arrest notice and hence none of my family members could be arrested.....in those 3 days, we applied for bail...we got a protection bail & not a proper bail....and bhabhi's husband was refused bail and he had to approach high court & we filed in high court all correspondences.....believe me no effort will go waste, dont give up.....498a is an extortion tool thatz it.....
high court granted bail to my brother on condition depositing in the name of child some lakhs....and then usual trial of 498a started.