MyNation Foundation Forum » Advice » 498A

  1. kurheamol
    Member

    On 27th July I had appeared the Court for 125 CrPC, we were sent for counseling by the Judge. I informed her about the RCR, then she asked the status of the same. I responded her that we are at Counseling stage and the counselor has asked her to joint my house. After this my wife argued that she has some conditions on joining back. Immediately, Judge told her to inform your conditions to the counselor.
    She is demanding that she will join me only when I get separate from my parents. Which I clearly rejected. Then the counselor asked her for another option- she didn’t had. Also she stated that she wants to work and also wants to complete her education. I accepted this demand.
    Now the Akola Court has given the next date i.e. 11th Aug 2011. I requested them to kindly grant the date after my RCR date but the counselor denied.

    Now, the query-
    1. Can I trap my wife on her demand of working as she is qualified- (BSc) and perusing her MCA. and escape the Maintainace u/s 125 CrPC?

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    You can ask to dismiss the 125 as you are taking her back. and also she want to work and qualified.

    Posted 6 years ago #
  3. kurheamol
    Member

    Sir,
    May I know the procedure for dismissing the 125????

    How should I proceed???

    Posted 6 years ago #
  4. Dr.Dsouza
    Member

    You can file appeal with same judge, based on her condition to return [yes or not] if she deny you can use that as counter to her 125, as there are judgments women who desert husband is not elligible for maintenance.

    Posted 6 years ago #
  5. kurheamol
    Member

    Sir,
    is there any format of the Appeal which i need to file?

    As I mentioned she is denying to get back in my house. She don't want to stay along with my parents. She had told the counselor that she wont returned by to the matrimonial house. She wants separate accommodation.

    Posted 6 years ago #
  6. Dr.Dsouza
    Member

    No special format;
    its just like any other appeal.

    Posted 6 years ago #
  7. kurheamol
    Member

    on 18th I had the date in FC, Pune for my RCR. My wife didnt attended the date. On Last date she was asked by counselor to join the matrimonial home and she had agreed the same infront of the Counselor. But yesterday she gave the lawyer who had filled their say on last date. I have been asked to file my say on next date. She has denied all the charges/allegations mentioned in RCR and alleged that I m alcoholic, loose character, having many illicit relationships/affairs, demanded money harassed her, also beaten her under the influence of Alcohol, thrown her articles out of home and finally i kicked her out of my home.
    Now, in her Poilce Complaint she has mentioned that She herself left the home, also in CrPC 125 she has mentioned that she herself left my home. Demands 10K as maintenance apart from 10K under CrPC 125 filled in Akola Family Court. Also demands TA/DA of Rs. 2000/-.

    Is this say is to be termed as Affidavit???
    Becoz, her lawyer has submitted the same which is handwritten on a plain paper mentioning as Pratidnya Patra.
    I'll be filing my say on next date.

    About her Lawyer:- He is a criminal. Has been charged under the Murder. Had imprisonment of 14yrs.

    Queries:-
    1. Can I file Defamation Suit now or will have to wait?
    2. What should be the further steps?
    3. Want to File Child Custody? Help on that?
    4. Can I raise objection on Lawyer? as he is Criminal?
    5. Can I raise objection on the say filed by them.....?

    Looking forward for your valuable inputs.

    Posted 6 years ago #
  8. Dr.Dsouza
    Member

    its easy to file defamation after case get over, nothing much to prove, but file along with other criminal charges which make your case stronger and easier.
    its difficult to get custody, so file visitation, once child is OK with you, you can go ahead as per situation. but dont forget to file visitation immedietly.
    Lawyer personal matter has nothing to do with your case, dont link both, you have any other differences then you can notify BAR council.
    You can riase objection anytime, if you have valid points to counter.

    Posted 6 years ago #
  9. kurheamol
    Member

    What should/would be the other Criminal Charges???

    Posted 6 years ago #
  10. Dr.Dsouza
    Member

    Read THE INDIAN PENAL CODE
    and CODE OF CRIMINAL PROCEDURE,1973

    Only You know which IPC suits better for your situation.

    Posted 6 years ago #
  11. kurheamol
    Member

    Hi, Im getting calls from Women Cell Akola, for attending yet another for last time. Im confused as I have given all the details, RCR copy, Missing complaint copy etc......and after that my wife stated that she want to file 498a. But at that time the counselor at Women Cell rejected her statement. Then she went and inform that she is willing to come to my house.......so they are calling me.
    Its on record that she is willing to come. But after that she filed CrPC 125 and also filed her say against my RCR.

    I'm totally confused that why Women Cell is calling me after so much of counselling, even the lady officers at Women Cell are saying that its my wifes who is wrong?

    Help intervened!!!!!!!!!!!!!!!!Can you help me in dealing further with POLICE?

    Posted 6 years ago #
  12. Dr.Dsouza
    Member

    If she wanted to file 498A, no matter what you do, she will file and police will take her FIR,
    go there for the last time, give them in writting whatever you have done and copies certified, take a acknowledge from them and tell them proceed with whatever they wanted.
    appoint a lawyer and get a anticipatory bail.
    be ready to fight.
    lets see what they are doing.

    Posted 6 years ago #

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