MyNation Foundation Forum » Advice » Maintenance

Maintenance Case

(17 posts)
  1. Gagan
    Member

    Hello,

    I got married in 2009. There was some disputes. The FIR was done & complaint was done under IPC 498a in 2011 in Delhi. After I got a copy of the FIR, came to know that the facts were not real. I wanted some information from the police through RTI but the police did not give information as it was said that information cannot be given. Investigation has not been done.

    Before the FIR, I had done RCR case.
    List of cases:
    1. RCR is going on.
    2. IPC 498a which is pending .
    3. CRPC 125 which is going on.

    Need urgent help.

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    Investigation is going on means police did not filled Charge sheet; you can ask police to give true details and ask for proper investigation.
    in 125 you can tell judge that there is RCR pending ig your claims are valid then he has to consider and also let him know there is pending chargesheet in 498a as her claims are false.

    as you are in Delhi call our Delhi helpline numbers and attend meetings they will guide you what to do.

    Posted 5 years ago #
  3. Gagan
    Member

    Hello

    What can I do before police gives charge sheet or does investigation.
    What are the points or grounds on which I can fight against CRPC 125 case.

    Posted 5 years ago #
  4. Gagan
    Member

    Hello

    Good morning,

    What can I do before police gives charge sheet or does investigation.
    What are the points or grounds on which I can fight against CRPC 125 case.
    Can I finish CRPC 125 before IPC 498 & RCR .

    Please let me know ASAP .

    Thank you

    Posted 5 years ago #
  5. Dr.Dsouza
    Member

    if her complaint is false then give them correct information; in writting and also take copy signed by them whatever you give, otherwise you did not give anything bla bla.
    ask them to do proper investigation;
    Write to same to SP/DCP making CC to your police.
    and everywhere you have to play same tune

    if she do not reply to RCR, you can counter 125 and same with 498A.

    Posted 5 years ago #
  6. Gagan
    Member

    Hello

    Thank you. I did not know about it. Does she have to reply in writing or in verbal. If she replies to my RCR, what will happen next . As per my knowledge, she has not replied to RCR case. If I have to submit correct information then can my lawyer or anybody can submit & take a copy of it or not .

    Looking for your reply .

    Thank you

    Posted 5 years ago #
  7. Dr.Dsouza
    Member

    reply means; justifying why she left you and other counter allegations.

    Posted 5 years ago #
  8. Gagan
    Member

    Hello

    I have come to know that my wife has given in writing that she wants to go back to her husband . Only this much she has given in writing.

    If she comes back to me, can she put the cases on hold or she has to finish all the cases against to me first & then come to me.

    Pls let me know.

    Looking for your reply .

    Posted 5 years ago #
  9. Dr.Dsouza
    Member

    inform judge once she finish the case you will ready to take her back.
    say that in different way
    let her finish her case today itself, i will take her back today itself

    Posted 5 years ago #
  10. Gagan
    Member

    Hello,

    Good Morning,

    I would like to know that On what basis, can I stop maintenance for my wife. If I have to pay for the child then I want that the money which I will send that should be only used for my child only.
    Till what age of the child, father can ask for the custody of the daughter.
    Looking for the reply . ASAP

    Thank you

    Posted 5 years ago #
  11. Dr.Dsouza
    Member

    there are many reasons to deny maintenance to wife
    if you catch her in adultry
    if she desert you without reason
    she is educated and working
    if you prove her cruelty on you and many more ; you can check all the judgements in http://mynation.net/docs/ section just search for word "maitenance"

    do not try to grab whole hand, try to hold finger 1st. its difficult to get custody of a child if he /she is below 5 years nor court take your appeal if child is less than 5 years old.
    but you can ask visitation
    once you get visitation then you can ask outing at weekends
    then solwly you can ask court to allow child to stay in hoildays/summer time
    then its upto child with who he/she has to stay, coz all these will take decades.

    Posted 5 years ago #
  12. Yogesh
    Member

    Hello Sir, my self Yogesh from Aurnagabad, Maharashtra. I am 30 years old. My graduation has not yet completed due to some problems.
    My issue is that, on 25th April 2010 I got married to Priyanka. Our marriage was arranged marriage. Whole expenses of marriage was carried out by my parents, about clothings, food for guests, lawns expenses and jwellery everything of which we have all the bills paid receipts. At the time of fixing our marriage her parents told us her date of birth as 11-03-1991, so we fixed as the marriage, we just looked after girl and we made here mistake we didn't checked the family background. Whatever, we got engaged on 11-02-2010. When our marriage was fixed she was studying in 12th science, so at the time of fixing we (my parents) told her and also her parents that after marriage also we want her to continue her education and as I was doing my engineering education we told that we will like if she will also do same. That time her parents said us that after marriage she will be yours we will not have any interference in that and she also agreed to do education. Than on 25h April 2010 as fixed we got married. On 26th April 2010 she went to her parents house according to the customs in our religion for 2 days. On 29th April she returned. Later on, on 14th May 2010 I took her to her parents house for an occassion and we stayed there for 3 days. Her parental home is in Sillod, 65 KM from Aurnagabad. After that addmission procedures for engineering started. While at the start of addmission procedure we came to know that her parents lied us about her birth date, and said that she has cmpleted her 18years of age, but when we asked for her documents for engineering addmission they delayed for giving us so i persoaly went to her parents hosue and brought her documents, that day I noticed on her school levaing certificate that her birth date is 11-03-1993. She was also not allowing to touch me and have physical relations. But when I came to know her real age I was shocked. I told all this to my mom so my mom talked to her mother about all this and said that you have cheated us about her age. Than her mother said to my mom that, we didn't wanted to this proposal so we lied you and forgive us for this, understand our child she is minor she will come to know everything slowly slowly, and than we also forgot about that considering that marriage has been done so why to make it an issue now. In between addmission procedure was going on in May 2010 to July 2010 her parents came to our house several times and asked us to send her with them but we said as addmission procedure is going on how can we send her with you, always they argued with us. Later on in August college started, she got addmission in Womens Engineering College, 17 KM from our hoem outside city. She use to go by college bus. All fees and clothings and books expenses were carried out by my parents. Here parents never contacted us in between. But we came to know from college sources that she is always stucked on her cell in college with someone. So once without informing her I visited her college, that day nothing was wrong but she was shocked and in evening at home argued with me for why I visited her college. I also asked her many times does your parents contact you in college, but she refused that they don't, but I got call details of her number from telecom office, in which I found that she was in contact with her parents. Still me and my parents didn't said a single word for this to her. She used to step out of house for college in morning at 8 AM and returned home in evening at 7 PM. Her tiffin for college my mother use to prepare, we have some fruits trees in our garden every day my dad early morning use to pluck fruits for her to have in lunch break in college, while going to college dad use to bring her **** from shoe rack, she was told by my parents just concentrate on your education, mom told her all household work she will do. Later for rakshabandhan I took her to her parents house for whole day, later on dassera also we went and in Diwali also I took her to her parents house. But after diwali within a week her parents along with their 40-50 relatives came to our house on 14th November 2010. We were just 4 of us at home, myself, Priyanka, and my parents. We are 3 brothers and my both younger brothers are in US for job. On 14th November 2010 her parents and relatives, started arguing with us, with bad words, abused us and also had fight. They were demanding that stop her engineering education, and we said to them why are you saying this as all this we cleared before marriage was getting fixed and you all agreed that if you are letting her to complete education none will interefer for that. But those people had quarrel with us and took her away from our house along with jwellery she was wearing. They directly went to the police station. But I got afraid about that they might go to police station so I asked dad that we will go to police station and file case on them. So as we went to police station all these guys were stading outside police station, so me and my dad directly went to Police Inspector’s cabin who was on duty that time. We talked to him and told all this to him, he silently asked me her dad’s cell number and called him and asked to come inside his cabin. PI asked her dad what happened, so her dad said to him whatever Yogesh and his father told you is truly correct. Then PI said why you people are interfering in your girl’s married life let them do what they want to do but he was still refusing on to stop her engineering education. So PI said me Yogesh stop her education, for this I replied yeah sir we decided not to educate her now after all this. So PI sir said her father so now what they agreed to stop her engineering education, but then he said to PI that now our other conditions are whenever we will go to their hosue they should send Priyanka with us to our home, they should also send Priyanka for about 20-25 days in a month, if our home is far then at the distance of 5 min from their house my sister’s and 1 brother lives they should send her to their house for 4-5 week days. Than PI sir got shocked and scolded her father for their rubbish demands. PI even gaved his daughter’s example, he told them that his daughter was in LLB 1st year when got married that time I said her if your in laws allows you to complete education then you complete it or else leave education and be good housewife, do whatever your in laws and husband asks you to do. After marriage, girls parents should not interfere in their married life, and now my daughter has complted her education and living happy married life. Parents should just look after that their child is happy or not, should not demand such foolish things. PI even talked to Priyanka in alone in is cabin, within5 minutes PI called me inside his cabin and said to me Yogesh you will get many good girls, leave Priyanka, she is saying if I am forcely send to my husbands house I will attempt suicide or else will finish the whole family of my husband. And from that day i.e. 14th November 2010 we have been living separated. PI asked her to file case if she wants to against us and told me Yogesh don’t worry I am here none of these foolish peoples can touch you or your family and asked us to go home. So we did, but next day we were still afraid and gave complaint in police station about all this and PI also tooked it. Later next day from her college we got to know one shocking news and that was she was been caught with 2 guys doing illegal things in college. (as the college was just for gilrs, and college was outside city, nothing was around college no residential as well commercial area, so college authorities don’t allow girls to go out side the campus till the college timings, once the student enters campus at around 10AM they are not allowe to leave the campus till 5:30PM). But Priyanka was been caught red handed with 2 guys kissing, by the watchmen’s there. They tooked her to Principal of the college, their she conviced and requested not to inform all this to us and said that she will call her parents to talk with the college authorities. So as per request and considering that her future married life should not get spoiled principla called her parents and told this. Principal also told us that her father said that warn her and leave her for now and we will ask her in laws and husband to stop her education now. Sir she lived with me for about 6 months, in these 6 months we didn’t had much good married life. And from her behavior once I noticed that she was having boy friend. But was waiting that she should tell me about her past life but she never did. On 14th November 2010 she left my house, I gave complaint against her parents in police on 15th November 2010 and on 16th November when me and my dad went to her college to inform that she will not come to college due to some family issues their we came to know about that she was doing some adultery and was trying to run away with those guys from campus. That day we decided to get divorced from her and not to bring her back in our house. And on 18th November we filed case of cheating about her birth date considering that if we file petition about the college incidence and about her bad character her future life will get afftected and may be get problem in 2nd marriage. So we just filed case of cheating about her age. But in return she answered in court that her date of birth is wrong on school records, my husband is lying to court the true reason is that on 14th November my husband and his relatives tried domestic violence, she said in her plea that my husband and his relatives showered kerosene on her and tried to burn her alive. So she called our neighbours shouting and asked them to call her parents. Then her parents tooked her to police station and launched complaint. She also said my husband and in laws reason for domestic violence was that we demanded Rs. 5lacs for computer shoppee and some jwellery. Sir but we never did so, rather my parents always wanted a girl child but their bad luck they didn’t have for that they gave birth to we 3 brothers as they thought they will have 1 girl child. Whatever, my parents always treated her as their own child. Later our lawyer told us to gave complaint in “mahila takrar nivaran kendra” which is at commissioner office here. So we did, but there also she alledgedly launched complaint against us. And both her statements in court and in mahila takrar nivaran Kendra are different, in mahila takrar Kendra she just said that they were not allowing me to talk to my parents and all, and my parents only admitted me to engineering education and not my in laws. In mahila takrar Kendra our case was for 3 months and in all hearings their in these 3 months I gaved my statement that I am ready to accept her back but on some conditions that whatever she said in police station on 14th November 2010 before PI, she should accept it and should give in written that she will not do such illegal activities in home, and she also gaved statement that she want to come back to me but refused to accept her saying at police station. And her father gave bribe to the constables in mahila takrar nivaran Kendra and tooked result from their side and got letter for police station to launch complaint of 498 against me and my family for this we tooked anticipatory bail from court. Later from court our case was sent to Mediation centre there also case was for 2 months, but she didn’t attended single hearing neither her parents, so mediators send back case to the court. In court she gaved answer to my petition on 4th august 2011 that is after 9 months of I filed my petition. In between these 9 months she gathered some false documents about her date of birth as 17-3-1992 (false date) and not 11-3-1993 (her school records date). In court also till now 3 judges has been transferred all judges have said us to get this matter settled out of court. All these judges have explained her future consequences in girls life after divorce but she didn’t care for that. Now the status of the case is that her lawyer has cross examined me in 10th Jan 2012, and later she didn’t submitted her **** till the month of April 2012, she submitted her **** in last week of April 2012, and from 7th May 2012 to 10th June 2012. She was been granted interim maintainance money Rs. 1500 from me by the court’s order in Sept. 2011 from the date petition filed till the case gets over. One of my college lecturer told me that don’t worry you will not be charged for maintainance for life time not even for a single month as you don’t have any property on your name neither you have any source of income. She is delaying case knowingly so that she will get maximum maintainance money from me till the case gets over. On 26th of June she appeared for her cross, later she submitted her mother’s ****, again next date was 3rd july her mother didn’t appeared and again next date was on 13th July this time her mother appeared before court and gave cross. Now the next date is 18th July and she will be giving application for 2 more Evindences and cross examine to be take of doctor and gram panchayat official for her birth certificates.
    This is my case sir, I wanted to know what can be done now in this condition, due to this case I wasted 1 more year of my studies in tension, my whole family is in pressure that what will happen. My questions are : Her which documents can be treated true regarding her birh certificates school records of false documents which her mom brought after I filed petition. I have filed petition on 18th November 2010 and she gathered documents on 12th December 2010 and 24th December 2010. These dates are on the documents. And no outward nos have been given to them neither the signature of the officials are clear nor that officer’s name is clearly mentioned on it.

    Posted 5 years ago #

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