• Fighting ipc 498a and crpc 125

Am working abroad. Got married exactly before 1 year. Stayed around 2 weeks in India, then traveled back to foreign-country, prepared VISA for my wife and took her to foreign-country. Before travelling she got pregnant and it was aborted due to medical complications as suggested by doctor.

She was fine for few days but grew violent and very abusive towards me any my family. My measures to convince her and her father failed. Her father and herself demanded that she needs to travel to India immediately. So, I sent her back to India in my expense. Totally, She stayed in with me for 5 months outside India. 

My parents tried to discuss the matter but, they did not co-operate and she came back to foreign-country un-informed when I was planning to travel to India. When she understood that I am travelling to India, she filed a DV complaint in foreign-country. But anyhow, the complaint was not taken up by Police and on my request to discuss the matter with parents, they allowed us to travel back to India.

As soon as we both reached India, she filed a complaint to Indian Police. Now, its converted into DV and 498A FIR against myself, parents and my sister. My parent applied for AB, but high-court provided interim bail and diverted it to Mediation center. My parent and my wife attended the mediation. Wife requested her furniture and jewels(Which is still with her and is not in my home).

Mediator advised to return the items and ordered for next mediation after 1 month. 

Meanwhile, they had applied for Maintenance case(under 125 CrPC) in Magistrate court. I got a notice of their complaint along with summon. They quoted that I get very huge salary in foreign-country and demanding a very huge monthly maintenance for her.

I am in a short term deputation in foreign-country and I get money only on T&M basis and will not get the money if I travel back to India. Anyhow, I will get only Indian salary regularly about 50000 INR / month. 

Please help me with way forwards assuming that, I CAN go through any process( may be get remanded, jailed or face trial or anything). But I don't want my parent to get into problems and I don't want my happily living sister into this mess. I am ready to resign from my job here in foreign-country and fight back to get my mental peace.

Currently I have decided to fight back the maintenance case instead of going with settlement-out-of-the-court.

1. Whether I should travel back to India ? Legally to face these cases, should I present myself in court ? 
2. I don't have an AB for me. When is the correct time for me to file AB? 
3. I am ready to return the items which is there in my home. But What can I do for the items which is not here, but they are demanding that it is in my home.?
Asked 2 years ago in Family Law from , Tamil Nadu
Religion: Hindu
1) it is advisable to travel to india  and contest case on merits 

2)after FIR is filed you should apply for AB 

3)you should mention that you are willing to return items which are lying in your house . 

4)in respect of items which are not lying in your house you should clearly state that wife has taken those jewellery items 

5)if you are earning Rs 50,000 per month your wife would entitled to maintenance of around 1/3rd  of your income 

6) contest 498A / 125 Cr pc case on merits
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
1. Do not worry as once you get bail you have nothing to worry. You need not come just now. Wait till submission of charge sheet as it helps to get bail when come to India.
2. For AB you need to come to India. Do not do this till Charge Sheet is submitted.
3, Do not succumb to any exorbitant or false demand.

The marriage seems to be over. So you better try to amicably settle this by way of mutual divorce on payment of lump sum which is suitable for you.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Hi, 1. your present in the court for all the dates of hearing is not required and you can engage the counsel and contest the matter.
2. From your narration they have allready filed  Complaint under 498/A and FIR was registered so you can apply for Anticipatory Bail.
3. you can refer the matter to the mediation  and tried to solve the matter amicably.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
U have to file AB as soon as FIR is filed against you and since police has already converted the case against u, file AB at the earliest. 

Mention before the court which has directed for mediation that you aee ready to return everything. Mention the items in the application which are already in her possession. To prove the same u can seek police assistance or ask the court to appoint commissioner to find out what all items are at ur house.

Contest the case on merits and as far as maintenance is concerned u need not leave ur job for these cases. If she is working then she will not get any maintenance however from ur salary she is entitled to get 1/3rd of ur substantive salary.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. First of all apply for and avail AB against the 498A case for  yourself,

2. After availing the said AB, return to India and avail regular bail,

3. Contest the maintenance case and other cases by authorising some one in India to represent you in all court cases,

4. You may return to foreign country,

5. Since complaint u/s406 has been lodged against you, write to the police asking them to take back all the Streedhan kept in your house,

6. This is important to prove later on that your intensuion was good and you yourself wanted to return her goods and also that there is nothing else of her Streedhan left with you,

7. Normally you are required to pay 1/5th to 1/3rd of your net monthly earning as maintenance if your wife is not employed,

8. Contest all the cases fittingly on their merits.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Since the FIR has been filed against you it is imperative that you immediately travel back to India to respect the Indian judicial process. If you keep evading the Indian courts you will eventually be deported to India, whereupon it may be impossible to obtain bail from any court in India. Now is the time when you should exhaust your remedies under the Indian legal framework such as to apply for anticipatory bail to preempt your arrest. If anticipatory bail is denied by the lower court then move the higher courts.

2. The correct time to file for AB is right now. Delay in seeking AB may result in a warrant of arrest being issued against you, which would mean that you can be arrested from the foreign country wherein you are residing and sent back to India. There are reciprocal provisions in the laws of every country whereby and whereunder the orders of foreign courts can be enforced.

3. In respect of the items which are not in your possession you must contest her claim in the court. Let her prove that the said items are in your house. 

4. You can defeat her claim to maintenance by taking the defence that she is earning or abandoned you without any cause.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
you may tell the court hearing maintenance case that mediation is already going on hence the proceedings may be kept in abeyance. also mediation is the best alternative at this juncture available to you. offer her payment of expenses incurred by the parents in her marriage and all the items of marriage available in your household. what you don't have put your foot down on it. jewellery from either side is stridhan and belongs to her. give it back and get the matter closed by means of mutual consent.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1. Whether I should travel back to India ? Legally to face these cases, should I present myself in court ? 
Opinion: First of all you should try to get AB or arresting stay after filing the Quashing petition before High Court and after getting Anticipatory Bail or stay on arrest you may travel back to india without any tension.

2. I don't have an AB for me. When is the correct time for me to file AB? 
Opinion: Yes, file immediately

3. I am ready to return the items which is there in my home. But What can I do for the items which is not here, but they are demanding that it is in my home.?
Opinion: Fight the case on merit after getting bail or stay on arrest before mediation Cell or Before Counselor.

Contact a lawyer personally or over the phone, it will be better.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0

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