• 498a case

I am 32 years old my marriage lasted for 9 months, me and my spouse were not happy with the arrange marriage, she left for her home and charged me and my parents under 498 a, stating that we have treated her badly and have taken dowry etc. The case is pending at kolkata high court (salt lake city). Charge sheet has been given by the police to court. Also spouse party has asked for alimony in another court in kolkata and for divorce. My wife is a working woman working with royal orchid 5 star hotel as assistant manager front office. I also have facebook pictures to prove that and she is also with another boy in some of pics. Comment says that "he is my life", please assist me what to be done in this case? How much the alimony can be as my current salary is 20k. No other income. My father is also retired. 
Thank you.
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1) WHAT IS YOUR WIFE INCOME ?

2) if wife is working and earning more than you she wont get any alimony

3)gather evidence of your wife extra marital affair

4) contest the divorce proceedings

5) obatin bail in 498A case

6) file for defamation under section 500 of IPC as wife has malinged your reputation and that of your family by making false allegations

7) if wife has suppressed material facts about her income take out application for perjury under section 340 of cr pc

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1. You have stated "The case is pending at kolkata high court (salt lake city)". It is not High Court since there is no High Court at Salt Lake.

2. Please note that she will not be entitled to any maintenance/alimony since she is empoyed.

3. Hope all the accused in the said 498A case has taken anticipatory bail. Now contest the case fittingly.

4. Negotiate with her for jointly filing a mutual consent divorce after withdrawing all other cases filed by her and the said MCD case will be decided with in 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) make application under section 91 cr pc calling upon wife to produce her appointment letter her income tax returns

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1. Since 498A case is filed first take bail without delay. Once bail is granted you breath a sigh of relief.

2. An employed wife is not entitled to maintenance. So if you could establish her income in court no maintenance would be granted to her.

3. Since you're from Kolkata you feel free to contact me for further assistance in defending the case.You may visit- www.acelegalfirm.com.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. Send some one to Hotel royal orchid and secretly get a photograph of your wife who is working as Assistant Manager, Front Office. It will not be a difficult job to take the photograph through cell phone.

2. After that submit your reply contesting the said application for maintenance/alimony, along with the said photographs as evidence of your allegation that she is employed.

6. If she still denies and refuses to accept that she is employed, pray for a direction upon the authority of the said Hotel to submit her salary details for last sic months.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

I also have facebook pictures to prove that and she is also with another boy in some of pics. Comment says that "he is my life", please assist me what to be done in this case? How much the alimony can be as my current salary is 20k. No other income. My father is also retired.

You can file a contested divorce case on the grounds of adultery or on the grounds of cruelty. In that you may narrate the incidences chronologically and substantiate your reasons for seeking dissolution of your marriage on the grounds of adultery.

If you are able to prove her salary income then you may not necessarily pay the alimony amount

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

Thank you for your prompt reply. How will be able to prove in court that my wife is working at present and her salary.

You can mention in the court that she is employed with so and ... after which you may file a petition seeking an order to her manager to appear before court and depose evidence about her employment and salary details.

If you are able to prove that she is well employed and her earnings are sufficient for her maintenance then you can repudiate her claim.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

1. if she is a working lady or being in relationship with other person then she cannot get alimony either under section 125 crpc or section 24/25 of hindu marriage act.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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