MyNation Foundation Forum » Advice » Maintenance

Section 498a, 125c and 13

(7 posts)
  1. CP
    Member

    I married in 2006, we lived together 1.5 yrs happily overseas but my wife left the house in 2008 as soon my girl child born in 2008, since then we have tried all possible ways to get her back to home but day by day the situation became worse... and its been more than 2 yrs we have not communicated in any manner, after trying all ways .. now I have filed a case of Divorce on the ground of desertion more than 2 yrs... and my first hearing will be in Apr. Now the My wife also filed a case under sec 498a and 125c and asking for a maintenance and their first hearing happening in Mar before my case hearing. So my question is Does her case impact any way in my filed case of divorce? and My wife made false allegation like 'we have demanded dowry' in their case which we never did rather me and my parents trying hard since last 3 yrs to bring her back, and what next step should I take to avoid any harrasement to me n my parents? ... And I know she is working but i dnt have any evidence to prove it...Please help

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    You can always counter her 498a saying she filled in Revenge for Divorce case.
    instead of Divorce you should have filled RCR or send Lawyer notice, as soon as she left you. now its your turn to prove she left 2 years back, then you can counter her, she filled after 2 years of desertion and for divorce petition.

    You have to use other citation [ find here http://mynation.net/docs/sitemap/ ]
    where it says
    Educated
    working and deserted without reason, women/wife will not entitled for any maintenance.

    and to bring some more pressure file for child visitation too. without fail.

    Posted 5 years ago #
  3. Adv.Kachave
    Moderator

    If it is false prosecution, you may approach High Court for quashing the same.
    http://www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 5 years ago #
  4. CP
    Member

    Thanks for all valuable advice....
    I just want to clear ..that I have received a summons for 125crpc.. n in same summons its stated that they are filing a complaint under 406/498a under 120b IPC... and few days back we have received a call from a police station that they hv received a complaint and they wanted to record my and my family member's statements, as per the calling inspector court has sent the complaint to police station and directed them to record the both parties statement.. I would like to know ..what are diff ways a 406/498a complaint get filled, and if court received the complaint we should get a summon kind of document regarding complaint with a copy of complaint , coz on our request assigned inspector is not sharing the copy complaint with us before recording our statement... plz advice next step.

    2)I hv filled divorce jus to wake up my in-laws n wife but m still ready to live with my wife and take care my wife n child , is it okie to withdraw my divorce and file for conjugunal right at this stage?

    Posted 5 years ago #
  5. CP
    Member

    Please somebody suggest a wayout.

    Posted 5 years ago #
  6. CP
    Member

    Please somebody suggest a wayout.

    Posted 5 years ago #
  7. Dr.Dsouza
    Member

    She can file in CAW,court or with police.
    you have go there to give your statement, no matter what you do or tell if they decided to file chargesheet they will file, but provide all details of your version of the story.
    you can give in writting to get FIR copy or file RTI and they have to give copy.
    be polite and answer correctly and all members same version.
    thats it, if in fir she said they gave dowry then ask police to file complaint on them 1st under dp3 act. and provide stridhan list if any

    Posted 5 years ago #

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