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srk (Service)     23 January 2013

Wife demanding huge amount

Hi, 

 

I have a situation, i am confused of what to do next, please suggest, thanks in advance,

I live in US, i have filed for a divorce here, she was living with her brother in USA, her brother have appointed a lawyer for her, Divorce was finalized for which her lawyer did not attend, she has appealed in the court of appeal to cancel the divorce claiming she did not receive the summons, that case is still going on, i dont think they will be successfull.

she evaded the summons in USA and fled to india and filed a 498a around 15 months ago on 12 members of my family including me and my brother in laws, my Brother in Laws barely talked to her other than asking about her wellbeing whenever they face her in a function or festival. the charger sheet was filed on 6 members, the strangest thing i felt was that, they mentioned a dowry demand in the FIR and Charge Sheet but never mentioned how much neither a rupee nor a million, since the case was filed my parents and my sisters and brother are going around the court, the Indian court has granted that b***h with Rs10K maintenance, which i am not paying coz of the false case. as i never went to india since the case was filed, the court has ordered to impound my passport in sept 2012 for which i appealed in the High Court via my lawyer and got a suspension on the impound of the passport, the 498A case is still going on, we have the next court date in Feb 2013. also she filed for extra maintenance of 2.3lacks/month and 2.3crore compensation and punishment to all in the District Women and child developemtn agency

My questions

1.As i am not paying the maintenance of Rs10K/month, what will be the court action? will the court award all the properties on my name to her? will my parents have to pay the maintenance?

2.Will the court award her the extra maintenance? im sure that some other Mrs.498a wouls have filed a similar case like this, what would be the outcome, just a generic details would help me.

please let me know.



Learning

 10 Replies

Rahul Kapoor (Legal Enthusiast)     24 January 2013

hello,

court will grant maintenance from the date it was awarded to your wife.

only you have to pay maintenance to your wife.

if property is in your name then you should transfer it to your family member.

you need to prepare a strong  defense.

 

regards-

rahul.gogreen@gmail.com 

srk (Service)     24 January 2013

Thanks Rahul for the quick response.

Maintenance you mean the Rs10k/month that was awarded by the court or the Rs2.3lack that she has demanded? if i dont pay what would be the consequences? as i am not planning to come to India in the near future. 

I have already transfered my Property to my siblings. 

yes we are preparing for a defence, the trial has not yet started, and i got my divorce granted in USA. ofcource i know it might not be valid in India, but aslong as i am here that will be fine.

Regards

Rahul Kapoor (Legal Enthusiast)     24 January 2013

hello,

if you will not challenge the award of court then you need to pay from the date of award granted to your wife.

or if ur appeal fails then also you have to give her maintenance.

 

regards-

rahul.gogreen@gmail.com

Shohn (President)     24 January 2013

@srk,

Me too facing the same thing here in India. The girl filed a 498A false complaint against me and my family members. There are thousands of innocent people facing the same problem, like us. Please make some google search, u wil get many ideas on how to defence. And please give a complaint with full details and evidences to Chief MInister/Home Minister of your state. Another complaint to Police Commissioner/SP. Include all of her family members too in complaints. Please discuss with your lawyer about this. 

And dont worry, 498A case wont stand because the judge know 498A is one of the most mis-used IPC in India.

srk (Service)     25 January 2013

@Rahul

inorder to challenge the award of the court i need to appoint someone on my behalf to fight the case, but if i assign my father then he will has to pay the maintenance, if Mrs.498A can prove that if i earning in $ she would fight back for more maintenance. thats where i am confused if i am causing my father more trouble, already i troubled him so much because of this case. i have couple of avdocates representing me i am working with them but still but always suggestion are welcome, i am doing my research. 

Thanks 

srk (Service)     25 January 2013

@Shohn

Thanks for your time and suggestions, really appreciate it.

as you have mentioned there are hell lot of false 498A cases, as there is no boundry line set up for the 498a, even a simple argument between a couple is projected as harrasment, and our corrupt police and lawyers for there gain will push them to file 498A,  especially the educated women are screwing up there life's as well as other's, but at one point of time they will realize, by then it will be too far to revert back.

Right now my advocates are suggesting me to be patient, and just  fight the case in the defence mode, as time passes by eventually we will be able to prove our innocence, while being aggresive they are filing statements that contradict there previous. just trying to be collective and positive. lets see how that b***h will screw up her life and career. Once i have enough information against them i will take it to the higher authorities to file the cases accordingly. 

Thanks 

Rahul Kapoor (Legal Enthusiast)     25 January 2013

its not like only u will be paying maintenance to your wife if she is unable to maintain herself.

is your wife working ?

Msk-need -nuetral- laws (self)     25 January 2013

SRK,

Same was about to happen to me  and i avoided that situation filing divorce in India coming from US.

1) Did you apply green card and if so what is the status?

2) Proceed with your divorce in US and dont care about here and get it done.

3) Appeal against interim maintenance case on plausible ground - her education, properties, her willful desertion from married life from US, your divorce prceeding details and her failure to attend etc etc

4) Fight 498a via only through conference and never return to india till its acquittal or quashing

5) write about the legal extortion to Indian embassy with details and keep informed them.

Coming to your question;

 

1.As i am not paying the maintenance of Rs10K/month, what will be the court action? will the court award all the properties on my name to her? will my parents have to pay the maintenance?


Court will make you to pay if you dont appeal against it, and further denial leads to imprisonment. No It will award depending on the calim from wife side and your failure to defend, no your parents are not entitle to pay.



2.Will the court award her the extra maintenance? im sure that some other Mrs.498a wouls have filed a similar case like this, what would be the outcome, just a generic details would help me.

please let me know.


Fighting 498a is basically a stratergy with watch and wait attitude to fish mistakes from their side, sure they will make and depends on your natural tendency to yield or to fight. In my case, my wife tried even using influence of police commsioner and i went further and  filed complaint aginst the police commsioner to next level authority , after which the commisioner stopped my way. Simply you need courage to proceed and calmness to trap and an intelligent lawyer to guide you. So your lawyer asking you to wait with patience makes sense.


srk (Service)     25 January 2013

@Rahul

dont know if she is working or not, but she has a bachelors degree in Engineering, if she wants she can earn on her own.

Thanks  

srk (Service)     25 January 2013

 

@Mani-need-nuetral-laws

Thanks for your time, appreciate you help.

1) Did you apply green card and if so what is the status?

  its still in the initial state, labor not yet approved.

2) Proceed with your divorce in US and dont care about here and get it done.

 Divorce was granted in US in Sept 2012, they went to appeal to the higher court to revert that,  but my attorney in US is positive that they will not succeed, by appealing there are just trying to extend some time.

3) Appeal against interim maintenance case on plausible ground - her education, properties, her willful desertion from married life from US, your divorce prceeding details and her failure to attend etc etc.

one thing i dont understand is, how can i appeal without me being in india or represented by someone on my behalf. 

4) Fight 498a via only through conference and never return to india till its acquittal or quashing

 i will have to talk to my attorney about it, how can that be possible  via conference?  do you mean by just talking to the attorney?

5) write about the legal extortion to Indian embassy with details and keep informed them.

 I will inform them with the facts and case details here and the back in india. 

6.) Court will make you to pay if you dont appeal against it, and further denial leads to imprisonment.

how can the court make me pay if i am not in India, already they have an order to impound of passport for which i have a suspension order from High court. who will they imprison if i am not there, that will be an issue if i return to india which i am not planning in near future.

i am in contact with my attorney.

once again thanks for your help, this motivates me to fight further against this legal terrorism.

Regards

 

 


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