• Fighting in CLAW cell in 498a and maintenance

Sir plz help me in got married in 2007 and haved a son in 2008 and then my wife kept on fighting with me on any issue if nothing then she created one in 2012 she spited on my face for not teaching her how to drive on which we had a fight and I had hit her. On reconsider my mistake I went to her parental house apologies to her family and brought her back but she did filed a complained against my family but did not pursued it as the inspector told her if she wants a permanent divorce she should go ahead with it but she did not did it and came back with no conditions. But later in 2015 after her brother got married in January she started pikeing up each and every fight with me and my family and on 29th March she abused my father and started to create a scene on which nabiours called police on which police came but she said to them and it's our husband wife personal matter please do not interfere so they left without creating a scene. On 30th she continued to fight with my family and on 31st her Parental Uncle with his sons and her brother along with her Sister came from Delhi and took her without letting us tell them about our problem when we tried to tell them his Parental uncle told us we know everything plz don't tell us he said I will take her back home and send her back in 3 to 4 months as she gets sattel down with her angry Ness. She asked my mother for all her jewellers on which my mother gave it to her we have the Witten page of her that she has taken her jewellery with her and gave it's copy to police station. Now after 19 month she has filed 4 cases against me , My parents and my brother and my brothers wife ( Who is Her Cousion sister) . We were sent for mediation but it failed as she asked for 1cr. Over there on which we said no . I don't have that kind of money my earning is 15,000 per month . We told there she has taken 15lac of worth Jewellery treating us if u don't I will go to police get u guys arrested and even took my son along with her to Delhi. She even told in meditation that we alleged her that she has this son from my younger brother which is false. She had a relationship with her ex.lover Ram Sharma after marriage also.Now my all levels 4 cases are registered in Delhi plz suggest me what should I do. She is harassing us and saying all kind of false and giving false statement against us. She even work in PVT. Company but told that she do not have a permanent job in court.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1) gather evidence of your wife income .

2) in reply to her application for mainteannce draw attention of court to fact that wife is highly qualified and working

3) if there is not much differnce in income level she would not get any maintenance

4) as far as 498A case is concerned apply for and obtain AB from sessions court

5) contest the case .

6) 80 per cent of 498A cases are false and end in acquittal

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Fight all the false cases. What you want Divorce or living with her?

If live with her settle the matter amicably, If not file a divorce case against her under the ground cruelty. A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute. Your wife’s claim is very high.

Ajay N S
Advocate, Ernakulam
4079 Answers
111 Consultations

5.0 on 5.0

1. When cases re filed then there is no need to go into compromise with her anymore.

2. Fight the cases on merit. Such cases always results into dismissal and hence there is nothing to worry as such.

3. If you could show her employment then you need not pay her any maintenance.

4. Try to gather evidence of her adultery with her ex lover. That will also help you to get out of the cases.

5. File a divorce suit agaisnt her on the ground of cruelty and adultery.

6. Unless and until you get up and put a brave fight you will never get positive results out of this mess.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

If she has filed false cases against you and you family members, you should challenge the same properly in the trial court.

You can discuss with your lawyer on these issues, produce before him the documentary evidences in your support and instruct the lawyer about the merits in your side.

What are all those 4 cases she has filed?

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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