• Regarding maintenance when wife file 498a

Sir,
my self gaureav age 37 year marriage in year 2010 and my wife give birth on a male child on 2011 then in year 2013 there is quarrel between me and my wife and i drop her in parents house then her brother try to solve the problem with talk to me and my family but matter not solve after six month i file section 9 and sent a notice to in laws ( i file in surat our native place is jaipur ) surat where i transfer in 2013 and jaipur our own house name of my mother because my father passed away at the age of my 14. when my in law heard about the notice(they not receive 4 to 5 time postal reply locked) then they filed 498A, DV and 125 then police called me, counseling my wifeand me, my wife is ready to live with me but i m afraid abt 498a(they give me 3.5lakh in marriage which they write same figure) they counseling cancel and i took bail from jaipur court on the basis of surat section 9. for the case of DV & 125 the simmon not taken by me for 2 year but after 2 year her brother connected the police and summon to be received by me then judge ask me either give maintenance or live with wife i agreed to live with my son and wife then my wife agreed then we start new life july 2016 and both give compromise letter in dec 2016 but feb 2017 we n our family go for family function to udaipur at my uncle then quarrel between me n my wife occur then i hit her and make complaint of my wife in local police station(police told me this is ur family mater) and stay 2 days and go with my family at surat without informing my wife n son in night. next morning my wife call me where r u then i reply that i go to surat u go to ur parents house but my wife come to surat and call me but i runaway and locked the flat then my wife call the police and police call me to come then i refuse and say she file 498a against me so i m not live with her any more then my brother in law come to surat and logge complaint police file the case under section 323, 194&114 and conducted medical and her brother take her & my son back to jaipur 
suggest me what i will do i planned to shift delhi and in future no address they have of mine or try to compromise or divorce i dont want give single rupees of maintenance are she reopen the DV case or again file DV case with new 498A( they give me 3.5lakh in case with jewelley other good article i back them only furniture)
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1) you will have to pay maintenance to your wife and child

2) if you dont want to stay with your wife file for divorce and with draw RCR case filed by you

3) contest 498A case filed by wife and other cases filed by her

4) amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Settlement is always favorable provided the terms are agreeable .

2. So in your case if the one time settlement amount is not beyond your capacity then you can go for it.

3. However do note that unemployment is no excuse no avoid maintenance.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) the evidence in 498A case is against you

2) cheque has been issued in your favour by your BIL

3) further you have received cash at time of marriage

4) you can take the defence there were no demand s of dowry made

5) cash , cheque was given for their share of marriage expenses

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Since you have received the summons in 125 CrPCbut did not appear the court will sooner or later pass an ex parte order of maintenance against you which can be executed on her application. So instead of evading the court you should contest her maintenance case.

2. If a fresh criminal case gets filed against you then apply for and obtain anticipatory bail/bail.

3. The onus to prove the allegations in 498A is on the prosecution. You should fittingly contest the case.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

suggest me what i will do i planned to shift delhi and in future no address they have of mine or try to compromise or divorce i dont want give single rupees of maintenance are she reopen the DV case or again file DV case with new 498A( they give me 3.5lakh in case with jewelley other good article i back them only furniture)

If she is frequently quarreling nature, then it would be difficult to lie a peaceful married life with her.

The long separation also did not make her realise her mistakes.

Now since you are on run, you may either avoid contacting her and remain silent or you can initiate divorce process.

If you initiate divorce process, then she will find out your address, which will be an adverse impact to you, hence decide judiciously.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

but give me frank advice what i do either settle the case or fight. surat police call me that they trasfer they case at udaipur because incident happen in udaipur, where i already file the complaint so i become safe. is any chance to reopen they DV?

If the police complaint lodged in Surat is not maintainable then the police would close the same instead of requesting for a transfer of the same to Jaipur because it is a different state.

You may arrive at a compromise and settle the issues for ever by entering into an agreement with her to settle an amount and let she sign the papers for mutual consent, after that the criminal cases may be withdrawn by her.

If you dont arrive at any solution now, then the cases may drag on endlessly.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

i already withdraw the RCR , if my wife not agreed to amicable settlement or not give divorce then what is option or how i proof her wrong in 498A ( they have snap of give me cash in marriage ceremony and also one cheque which her brother issued me for purchasing good for home to my name) any chance to win the case 498a

If she is not ready for any compromise then you have to challenge her false 498a before the court.

The photograph showing the amount received may be objected to as fabricated

You can file a contested divorce case on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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