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ashish kumar (none)     20 May 2013

Wife's Contradicting Statements

Hello all,


I'm from Gwalior (MP) and my soon-to-be-ex is from Kanpur (UP), unfortunately we got married in the year 2010. It was a HINDU WEDDING.My wife lived only for 2 months at my house and left for her parents home,never returned since then. During the time her behaviour was very rude. she used to quarrel almost everyday with my younger sister and mother. Our married life was also very stressful.

 

we tried many times to make her understand things and went to kanpur qiute a few times but her family insulted us every tym but did not file HMS Sec 9 RCR

 

After 1 year of separation she filed a false case of 498A against me, my mother and younger sister in which we got bail. Then in Feb 2012 she filed CrPc 125 in which she is entitled to get 7000/- per month as an Interim Maintenance.

 

In June 2012 I also filed HMA Sec 13 (A) on the basis of mental cruelity and desertion of marital happiness which is running in Gwalior's Family Court. In the Mediation Phase (Counselling) my soon-to-be-ex said she also wants to take Divorce if I return her belongings and jewellery (which she has already taken with her a when she left home). She also applied for Travelling Allownce undr sec 24 in which I'm giving her 1000/- per visit.

Now The Questions Are-

1.if she also willing to take divorce then why she lodged complaint against me under sec 498 and CrPc 125 ??

 

2. do the statements given in MEDIATION affects the judicial proedure i mean as she is contradicting her statements will it be considered in the court??


3. If i win the 13 (A) case will the outcome of it affect the other cases filed by her (498A and CrPc 125) ??

 

Please Give You Honest and Unbiased Opinion



Learning

 11 Replies


(Guest)
Originally posted by : ashish kumar


Hello all,


I'm from Gwalior (MP) and my soon-to-be-ex is from Kanpur (UP), unfortunately we got married in the year 2010. It was a HINDU WEDDING.My wife lived only for 2 months at my house and left for her parents home,never returned since then. During the time her behaviour was very rude. she used to quarrel almost everyday with my younger sister and mother. Our married life was also very stressful.

 

we tried many times to make her understand things and went to kanpur qiute a few times but her family insulted us every tym but did not file HMS Sec 9 RCR

 

After 1 year of separation she filed a false case of 498A against me, my mother and younger sister in which we got bail. Then in Feb 2012 she filed CrPc 125 in which she is entitled to get 7000/- per month as an Interim Maintenance.

 

In June 2012 I also filed HMA Sec 13 (A) on the basis of mental cruelity and desertion of marital happiness which is running in Gwalior's Family Court. In the Mediation Phase (Counselling) my soon-to-be-ex said she also wants to take Divorce if I return her belongings and jewellery (which she has already taken with her a when she left home). She also applied for Travelling Allownce undr sec 24 in which I'm giving her 1000/- per visit.

Now The Questions Are-


1.if she also willing to take divorce then why she lodged complaint against me under sec 498 and CrPc 125 ??

 To extract money from you.



2. do the statements given in MEDIATION affects the judicial proedure i mean as she is contradicting her statements will it be considered in the court??

Mediation center will submit its report to the judge, as to whether they were succesful or unsuccesful.  And there wont be anything in writing.  Even if something is given in writing by either of the party, it wont have much effect as no green sheet will be used to record such details.   Ultimately, the mediators report as to success or no success will be taken.


3. If i win the 13 (A) case will the outcome of it affect the other cases filed by her (498A and CrPc 125) ??
Yes.
 

Please Give You Honest and Unbiased Opinion

Adv k . mahesh (advocate)     20 May 2013

 

1.if she also willing to take divorce then why she lodged complaint against me under sec 498 and CrPc 125 ??    

 

This is modern age nari legal right when she goes of from your house she has a right to file such cases against her in laws

 

2. do the statements given in MEDIATION affects the judicial proedure i mean as she is contradicting her statements will it be considered in the court??

 

Those statements wlll be considerered


3. If i win the 13 (A) case will the outcome of it affect the other cases filed by her (498A and CrPc 125) ??

 

yes there will be effect on other cases


(Guest)

All contradictory statements given by your wife, will eventually help you win the case.



ashish kumar (none)     20 May 2013

she gave contradictig statements in MEDIATION only not after that.. and as per your opinion WHATEVER she said in the Counselling does not have impact on the case. Please thow some more light on this topic

ashish kumar (none)     20 May 2013

she gave contradictig statements in MEDIATION only not after that.. and as per your opinion WHATEVER she said in the Counselling does not have impact on the case. Please thow some more light on this topic

Shantanu Wavhal (Worker)     20 May 2013

 

1.if she also willing to take divorce then why she lodged complaint against me under sec 498 and CrPc 125 ??

 

its a pressure tactic.

filing 498a does not cost anything to the wife - its absolutely free for her

such cases make the husband run around the courts in her town.

also the husband has to pay to the lawyer.

meantime husband has to pay maint. to wife also.


so wife actually says : if u want to avoid all this, give me money - i will agree for divorce :)


it pressurizes the husband to give a huge money to the wife at the time of divorce.

 

 

2. do the statements given in MEDIATION affects the judicial proedure i mean as she is contradicting her statements will it be considered in the court??

 

only outcome of mediation = success / failure report. no detailed statements of any parties are recorded. so her contradictory statements wont come on record. forget this point.


3. If i win the 13 (A) case will the outcome of it affect the other cases filed by her (498A and CrPc 125) ??

 

these are separate cases and will run on their own merits and facts.

 

125 is applicable even after divorce.

 

498a has nothing to do with divorce.

 

the alleged cruelty can not be condoned merely on the basis that the spouses are now divorced.

 

(understand this legal proposition)

 

fight each case on its own merits.

 

prey to god :

Dont put me in India as a Male in next birth.

Baki kuch bhi banao --- kutta / billi --- kahi bhi dalo ... but Indian husband mat banao !

 

Jai Hind.

1 Like

Mango (Consultant)     21 May 2013

ashish kumar @ For a seasoned lawyer to answer your query, it would require few facts from yourside -

1) Is you and your estranged wife is working? If yes, what's the take home income of yours and your wife?

 

2) Did you contest for Interim Maintenance in high court? If lower court has allowed the decree of Interim Maintenance then get a stop order and contest the same in high court.

 

3) In 498a case, how much dowry (total amount) your estranged wife has claimed been given to you. Does anyone of your in-law is in government job?

 

3) In mediation phase, did your wife has given you any written statement that she also wants divorce from you? Do you have any written statement which says that she wants to be seperated from you?

 

4) Does your lawyer has put any counter case on your estranged wife and her parents i.e. 471, Dowry Prohibition Act 1961 - 12B (giving the dowry)?

 

Net Result - You'll get the divorce under HMA Sec 13 (A) in two years. Would be paying around salary for 1 year (if your wife is educated&working and you're earning pretty good) OR 3-4 years salary (if your wife is neither educated nor working) in period of 4-6 years.

 

Mango

ashish kumar (none)     24 May 2013

Answers regarding Queries put by Mango -

1) Is you and your estranged wife is working? If yes, what's the take home income of yours and your wife?

ANS- NO ! she isn't working but has got an MBA degree regarding which we mentioned that she is professionally qualified and taking tutions at home but the Court didn't consider that as we failed to provide supporting evidences. Neither she worked after doing Masters In Management.  Rs 7000/- per month is being awarded to her as an IM.

I'm Science Graduate running chemical factory based in Gwalior.

2) Did you contest for Interim Maintenance in high court? If lower court has allowed the decree of Interim Maintenance then get a stop order and contest the same in high court.

ANS- NO ! as I've already spent so much in the case and litigation and more of it challeging Lower Court's Decision will make me spend 8000/- to 10,000/- more. As per my lawyer's opinion this much has to be paid even if I challenge the decison or High Court will make very few changes in the order. 

3) In 498a case, how much dowry (total amount) your estranged wife has claimed been given to you. Does anyone of your in-law is in government job?

ANS- My wife claimed that they spent 20 lacs in the wedding out of which 3lac were given to us for purchasing AC, LCD, Bedroom's furniture etc from Gwalior as it would make it difficult for them to purchase from Kanpur and bring to Gwalior. In addition they said in 498 complain that we asked for 10 lacs and a luxury car more which is false.

Yes, My Father-in-law served as an Govt Employee but got retired in 2008.

4) In mediation phase, did your wife has given you any written statement that she also wants divorce from you? Do you have any written statement which says that she wants to be seperated from you?

ANS- YES! In the counselor's report it was written that she wants to separate from me if I return all her belongings and the cash expenses made my her parents in the wediing with the signature of two of us. I claimed that she has taken all the belongings with me and deserted me.

4) Does your lawyer has put any counter case on your estranged wife and her parents i.e. 471, Dowry Prohibition Act 1961 - 12B (giving the dowry)?

ANS- NO ! My lawyer has not put up any such counter case on them.

 

Please reply !

 

 


Aneesh Trivedi (Advocate)     24 May 2013

Mr. Ashish check your PM inbox the information may be helpful to you

Adv Archana Deshmukh (Practicing Advocate)     26 May 2013

@ ashish kumar,

Replying to your thread as per your PM request :

 

Now The Questions Are-

1.if she also willing to take divorce then why she lodged complaint against me under sec 498 and CrPc 125 ??

Ans:-  Why she has filed, she only knows better.  If the complaint is false then probably it is filed to settle some scores against you and to create pressure upon you.  S.125 crpc is for maintainance as you know.

 

2. do the statements given in MEDIATION affects the judicial proedure i mean as she is contradicting her statements will it be considered in the court??

Ans:-  Absolutely not.... the statements made in the mediation process does not affect the judicial proceedings at all. The only purpose of mediation is to see if the dispute between the husband and wife can be resolved by councelling and nothing else. What so ever statements your wife might have made during the councelling, however contradictory they might be, those statements shall have no effect on the case.


3. If i win the 13 (A) case will the outcome of it affect the other cases filed by her (498A and CrPc 125) ??

Ans:-  It will be positive factor for you although nothing depends upon that fact alone. However, it would depend upon how cleverly your ld. advocate 'uses' it in the trial of the other cases. If used properly it will definately help you.

Aneesh Trivedi (Advocate)     13 March 2015

Husband filed section 09 in july 09

wife filed 498A in august 09

wife gave written statement in sec 09 on january 2010 and same facts as photocopy of 498A

section 09 decision is in favor husband.

trial of 498A started in 2015 wife come for witness and spoke like parrot the facts of FIR of 498A,

the twist is she gave some answers just reverse of what she said during giving her evidence in sec09.

means here statement of sec09 [ of 2010 ] and statements by her in 498A [2015] are exactly contradictory /opposite.

query is : [1] can husband use secotion 09 evidence ?

[2] can husband file Perjury against her under 340 ?

Kindly suggest what husband can do at this stage 498A is still under trial as it is started just now wife [ complainanat] was first witness gave her evidence.


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