MyNation Foundation Forum » Advice » 498A

False 498a and maintenance case

(2 posts)
  • Started 5 years ago by GAURAVHVYAS
  • Latest reply from Dr.Dsouza
  1. GAURAVHVYAS
    Member

    sir, me and my wife live saperately since 4 yrs. she had with me only 2 month after our marriage . we had a baby girl 3 years old.she had done sec-125 against me . she is under totaly command of her mother so she had done like that . But i want she and my child .so i had done H.M.P. against her to come with me and live with me. she had done sec-24 against this application.After so many interruptions of our family friends and my lawer she had come with me but she had refuse to withdraw her cases ,though i aggreed because to save my married life and for the future of my child.
    But after living with me only 23 days she returned to her house and put Sec- 498 a against me.I was shocked at that time. me and my parents on Bail right now...

    In court ,in case of sec-125 in cross-questioning, she had refused to come with me Not even given sure guaranteed to protect her (!!!!!!!).
    So i had withdrawmy H.M.P.but her lawer did not agreed to withdraw my application and finally court had ordered 2000/= p.m. from the starting of the case.Sir, she is working as a teacher and getting 5000/=p.m.and after 2 yr. she will get 14000/= p.m.( SHE HAD WRITTEN IN HER STATEMENT IN COURT THAT SHE DIDN'T DO ANY KIND OF JOB, BUT I HAD SUBMITTED PROOF IN COURT ALREADY ... THOUGH SHE REFUSED TO ACCEPT THAT ...) Sir, my salary is Rs.40000/=

    1.SIR SUGGEST ME WHAT SHOULD I DO?
    2. DURING MY CROSS-QUESTIONING HER LAWER ASKED ME TO SUBMIT MY PANCARD COPY AND MY LAST 3 YR IT RETURN. SIR SHOULD I HAD TO SUBMIT THAT ? SIR, REPLY ME SOON . I M VERY TENCED.
    3.But now she tried to come back , her lawer ask me during my crossexamination in court that " SHE WANTS TO COME WITH ME at ANY OF MY TERMS AND CONDITION " But I refused to take her back in court....

    Sir, her lawer asked me during my cross - questening about submitting my pan card copy and IT return.
    what should i do?

    Pl. reply to me

    Regards,

    GauraV

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    unless judge ask no need to submit anything.
    her lawyer tricked you saying she want to come back, as they wanted you to deny her coming back so they can say you kicked her out and now you dont want to take her back.
    you have to be cunning like them.
    you have to say you want her back always. but dont take her back.
    you have to give citation of other judgment where working women denied maintenance
    find many such judgments here http://mynation.net/docs/sitemap/
    may be that 2000 for child support and its your duty to pay child support at the same time you can ask child visitation too under guardian/custody act - go for that now itself.

    Posted 5 years ago #

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