My wife is single child.After marriage in kota in july'13 we settled in U.P. and my parents live in M.P.. She used to leave my house with no contact on yearly basis first year for two months then six months. finally, she left me on may'16 and afterwards she told that she will not come back alongwith list (record available) and started talks of mutual divorce. Now after one year, she had gone to mahila thana kota and filed false dowry claim of 10 lakh, violence and fraud i.e. my parents are divorced are not informed to her whereas same was already informed to her before marriage. Now, I am getting call from thana to come with your parents for counselling. Her fraud:- False educational , her parents had eloped for their marriage and poor financial condition, having affair.-all Not informed. Me and mother are govt employee. what to do before thana?Shall we go before hand for AB to save job and humiliation.Overall She is taking advantage of her own wrong.Threat of job and life already got from this drammebazz family. What to do for anticipatory bail and cost of bail?Since,all are living separate. Maintenance in future:- Home and loan in mom and my name-mom is living.home loan getting deducted from my a/c only(75% of my salary alone).how to lower amount of maintenance in future?
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You should appear before police station
2)deny allegations made in complaint
3) then apply for AB
4) legal fees vary depending upon lawyer engaged by you
5) if wife is working she is not entitled to maintenance
6) court would award your wife around 25 per cent of net income as maintenance if she is not working
1. Your wife has just lodged a police complaint for which you have been called as part of police investigation.
2. No FIR has yet been registered for which you can not apply for anticipatory bail.
3. As per Supreme Court direction no arrest will be made against wife's complaint before conducting investigation in to the complaint and you have now been called by the police to complete the investigation.
4. Co-operate with police and attend the investigation process.
5. You can either file a divorce suit against her on the ground of cruelty or negotiate with her for jointly filing a mutual consent divorce petition on agreed terms which will be disposed off within 6 & 1/2 months from the date of its filing.
6. In case she claims maintenance, it will decided as 1/4th of your net monthly earning after deducting the compulsory expenditure like EMI, PF, LIC, I.Tax, regular medical expenses for self and dependent parents etc.
If you received phone from Mahila police, then you may attend the police station accompanied by an advocate and explain everything in writing and in the statement you may mention about her activities and desertion and also this false allegation.
If she is still insisting in registering the FIR, you may say that you are ready to take her back and ask for time and get away from the police station. Immediately you may file petition seeking AB and once you get AB you can challenge her in the court
1. If the FIR gets lodged you may move the High Court for the quashing of the FIR and in your petition seek a stay on all further proceedings before the police and trial court.
2. Unless the FIR is lodged you cannot apply for anticipatory bail.
3. The cost will be the fee of your lawyer which I cannot predict.
4. If you can prove that she left the matrimonial home without nay justified cause then you may repel her claim to maintenance. Ordinarily, the maintenance amount is 1/3rd of net salary of husband after deducting his liabilities.
I had gone to police station(first visit), wife family are demanding 20lakh. Further, police is corrupt and not co-operating(listening) & misguiding.No fir has been registered now and as per impression police will take time for investigation to take money from me and harass me and my family as we are govt servant and had to come from different cities.What to do I am ready to fight on merit?Police is creating fear that they can come anytime to arrest( no notice). It looks like they are having their own law. Secondly, regarding maintenance in future, property & loan in mother and my name. in income tax return shown property ownership as 50% and taking tax deductions by both. But my point is mother has paid her amount in lumpsum in property and we had taken loan in both name to get lower interest(woman) and save tax.Shall i change this ownership pattern or is my emi payment of 55k will get divided into 27.5k?
If you apprehend threat from police side, first you apply for AB. If that is not possible then you contact a lawyer and issue a legal notice to police advising them to restrain from demanding money in the name of settlement or reconciliation.
If you pay EMI then you will get tax benefits
1) police cannot arrest you in view of SC judgment
2) after FIR is lodged police have to issue you notice and record your statement under section 41A of cr pc
3) you can apply for and obtain AB from sessions court
4) no need to pay Rs 20 lakhs
5)sell your 50 per cent share in property to your mother
1. Police shall have to register FIR against you first.
2. On coming to know about the FIR No. from the police you shall have to avail anticipatory bail from the Court for all the accused.
3. After you avail the AB from the Court, your 80% problem gets over and you are now free to contest the case fittingly.
4. Please note that 98% of 498A cases filed in India have been rejected by the Court for being false but you shall have to face the initial problem.
5. After you take AB and police files the charge sheet against you, you can file a petition before the high Court u/s482 of Cr.P.C. praying for quashing the FIR by finding out loopholes in the charge sheet filed by the police.
6. Maintenance will be decided by the Court after she files a petition for that purpose and till then do not accept any of her demand.
7. Wife has no claim of her husband's property during his lifetime as per law. So, you need not worry about your property jointly held with your mother.
hello,
there is no provision of anticipatory bail in Uttar pradesh and if your are saying that no FIR has been lodged then there is nothing to worry however, if the wife is not living you for long you can file a petition under section 9 of the Hindu Marriage Act; this in any any way will help you if your wife proceeds to institute a case in future.
However if that particular EMI scenario is in the knowledge of your wife then there is no point in changing that thing, court will give maintenance as per your earning and as per her needs in the end.
Regards
F.I.R. in start July'17 :-My A.B. got disposed off in Rajasthan High court in sept'17 and same has been referred to Family welfare committee.Before this:- I had got interim bail from high court for one month. In this month, I had gone to I.O. and submitted whatsoever stridhan with bilti was with me.As no gold was with me, hence, they denied accepting the streedhan and harassed me to the core by sitting me in thana for 10 hours inspite of high court order that i can not be arrested which I had brought there from 700kms far.Against which I had done complaint and got indirect written reply that as on date POLICE is not having any proper list and no bills copy.But still they are certifying that offence against section 498a and 406 are found. 1) What is the nature of F.W.C. in general in rajasthan? are they co-operative or biased?shall i tell them everything with evidence b/c that can compromise the evidence(retd.dist.judge will be there) 2) What action can be taken as wife has denied accepting her streedhan(evid.available) and for which huge money has been already incurred?Mental harassment and in rti reply got during parivad her mother has written to give big amount inplace of saman. 3)I.O. was asking 75000/- bribe , same was not given and complaint lodged against him?What to do?I.O. is full-to corrupt and is not doing work just threatening and in high court he said I am not cooperating.Many letters, r.t.i. written to give us proper stridhan list and bills -no response. 4) What to do for gold? as i was in office when she left the house.All streedhan gold is with her. As per I.O. girl has written that part gold is with her and nearly 2-3 lakhs gold(customary gift to relative) with me which I am denying from the very beginning that it is not streedhan and not with me. 5) Since, wife was living away from last one year and done complaint now via 156(3), will the report of committee will go to court or to police which will refer the case now? 6) Got a call from I.O. to post him the high court judgement which I told him to collect from P.P. Am I needed to send him this? 5)Will this part gold statement type without bills will be ground for denial of regular bail at the time of challan?Because I.O. is in hope that he will tell at that time that recovery of gold is still remaining. 6) What will happen after committee report whether I will get sufficient time to go for a.b. or bail because I.O. is like dog now as complaint has been done and his huge demand was not met. 7) After committee report, I.O. will require arrest warrant or simply with commitee report he can do whatsoever he like.Is isssuance of arrest warrant that easy at this stage since streedhan is in KOTA and application was submitted in court on next day.In court magistrate told that investigation is under progress and court cannot interfere. 8) My wife is writing wrong address of mine,everwher, if she had done dv,125 I will not get notice?
1)you can disclose evidence in your possession before FWC
2) if wife is refusing to accept stridhan place it on record that wife has refused to accept stridhan
3)refuse to pay any bribe to IO. you can lodge complaint against IO
4)in your statement take the stand that wife has taken all her gold with her
5)in section 156(3) complaint court would direct police to investigate and submit report
6)forward HC judgment sought by IO
7) merely because recovery of gold is pending is not ground to deny you bail
8) wait for filing of police report
9) wife has to serve you at the correct address . if she obtains order fraudulently by giving false address the you can appeal against said order
1. Court is expected to be neutral all over the Country though it is ordinarily sympathetic towards ladies since there is no denial that in most of the cases women are tortured. It is also a fact that court has now realised that some women take undue advantage of the women centric law of our country. for which Supreme court has directed the police not to make any arrest of the accused based on 498A complained lodged by the wife.You should act judicially and co-operate with the Court by submitting evidence in support of your allegation and/or defense..
2. Inform the Court that the wife is harassing you by refusing to take her Streedhan being returned by you and pray for a direction upon her to accept the Streedhan before the Court that will be returned by you.
3. Collect evidence of his demanding bribe by audio/video recording his conversations with you. Thereafter report the matter to the S.P. and then submit such evidence before the Court for redressal claiming that the charge sheet will be biased and revengeful.
4. It is for the I.O.to search for the balance gold from your custody. when you have denied having held any of her gold, it is for the police to prove with evidence that you are still holding part of her gold with you.
5. No. There is no proof that you are holding the said gold of your wife. Her claim/allegation that you are holding the same is not final. It required evidence in support of her said claim.
6. File an application for extension of your bail granted by the High Court also bringing to its notice the evidence proving that the I.O.is blackmailing you for paying him Rs.75 K bribe as otherwise, he will submit adverse report against you to harass you. The committee report will be placed before the High Court for further hearing the matter.
7. Committee Report will be submitted by it before the High Court who will decide on the matter and the I.O. can not make any arrest based on the committee report.
8. Bring it to the notice of the High court that your wife is not with clean hand since she is dishonestly writing wrong address of yours while serving notices for which she does not deserve any relief sough by her.
1. The family welfare committee is actually an organisation within police to reconcile the issues before parties and they are supposed to be impartial, but who cares for the law, especially the uniform people flout laws while accepting bribe to act on behalf of the people who passed consideration.
You can ask the police to go ahead with their charges on this if they are not satisfied.
2. You can ask her to proceed as per legal procedures if they dont accept your offer.
3. If IO is demanding money, you can plan to trap him through DVAC police.
4. answer 2 is for this too.
5. The police report will be submitted to the court where you can challenge the same if you are aggrieved over the report.
6. You can apply for regular bail after surrendering before court in that event.
7. If you have not to arrest instructions, the IO may not get you arrested after completion of his investigation.
8. Dont bother about this, let the court decide about it.
1) My wife filed D.V. after 1.5 year of separation(No domestic relationship) directly via court.Online it is showing, issuance of summon/b.w..My wife is writing everywhere wrong address + wrong name.It is obvious that she does not want me to get the summon.What I should do?Am i needed to attend the hearing since I am not receiving the summons.What trick she is playing?why online it is not showing as notice but as summon/b.w. 2)DV filed after more than 1.5 years , does limitation act will come into picture? 3)2 Years back, I was living in different city with her, now I am living in different city in my house which is my mother name and my name.What will happen with shared household?What she can ask since I am not living in the house that she left again that was cheap rented place. 4) Police has giving me in writing during counselling of 498a that she is doing this false case with the ulterior motive of extracting money from me.Can I file IPC 389 (extortion case ) on her in my city?Then fir filed via 156(3) 5) She is graduate and not working.How to counter maintenance?
1. The DV case can be filed after 1.5 years also, it is maintainable.
The summons is the common word and it makes no difference whether to be mentioned as notice or summons.
If she is giving wrong address then the summons may not be served on you hence she cannot get exparte decision also so easily until the notice/summons served on you.
2. Even after 1.5 years, the filing of teh DV case is maintainable and not barred by limitation.
3. She can seek residential rights even in the place where you currently reside.
4. The proposed case may not be tenable ion law because this will not come under extortion in the legal meaning as per the provisions of law what you have referred here.
5. If she is unemployed then the court may pass orders to grant her maintenance if she is filing a maintenance case against you.
The law is not restricted to grant her maintenance just becasue she is a graduate.
Wife basically wants to obtain exparte reliefs hence mentioned your wrong address
2) DV is continuing offence not barred by limitation
3) wife can claim right to stay in her matrimonial home ie where you are presently residing
4) you can file extortion case against your wife
5) you have to pay wife maintenance as she is not working
1. Since you apprehend that your wife is playing a trick and there is no problem for you to contest the case filed by her, it will be prudent on your part to engage a local lawyer to examine the records and then appear on the next date of hearing depending on the situation.
2. There is no limitation for filing DV case but certainly the delay will dilute the credibility of the allegation.
3. She can ask for her Streedhan only and also can claim to right to stay at the house where you are staying till you two are declared divorced.
4. If police has given the said statement in writing to you, then you can certainly file a police complaint u/s389 and 211 of IPC against her and if police refuses to register FIR, you can file a Writ Petition against police inaction before the High court praying for a direction upon police to register FIR, investigate and act based on your said complaint. W.P. will be much more effective that filing application u/s156(3) of Cr.P.C.
5. You shall have to convince the Court that she is capable of getting employed to earn to maintain herself.
Regarding 482 in Jaipur High court:- I had filed for fir quashing in Nov'2017.Till then only notice are being served and I am not getting single date.Every time I am getting peshi clerk date and that date is never converting.Further, after taking reviews from other lawyers they are saying it is easy to get dates.Then I talked to my lawyer to give me NOC so he was telling you give me discharge certificate.In good faith, I had paid his fees upfront.After that not got a single date.What to do?How to get date as I am not living in Jaipur? In Jaipur high court what are the chances of quashing on jurisdiction ground?How to get the date ?Things are on hold.I hope my lawyer is not misguiding me.Am iI needed to change lawyer in 125, am I needed to submit any evidence with ws?salary slip?What should be my reply to phrase are you willing to take back wife as wife is straight forward saying she dont want to live with me and her corpse will come if she joins me ?
Jurisdiction in Jaipur High Court is good and cases are taken up regularly. Seems that your lawyer is not pursuing the case well. Of you want you may engage another lawyer by filing an affidavit that earlier lawyer is not giving the NOC.
Please share the copy of the petition so that the language of the reply can be drafted.
Regards
You can discuss with another lawyer in the local practicing in high court, take suggestions to withdraw the case from that lawyer and proceed with the case through this lawyer provided if you suspect the integrity of that lawyer.
You cannot afford to ruin your future due to a lawyer's mistake.
In 125 case you dont attach any documentary evidence in the written statement which will go against you.
If the court is asking you to take her back, you can willingly say that you are ready and counter her claim.
there are number of lawyers on this website from Jaipur . contact any of them
2)quashing is to be done only in exceptional circumstances
3) if no part of cause of action has arisen in jaipur Hc could quash FIR
4)in 125 cr pc take the plea that you want wife to stay with you . enclose your income tax returns / bank statements which reflect your income
1. You shall have to first engage the alternate lawyer, get the Vakalatnama signed in his faviour by you and then take it to your present lawyer for his writing on the said Vakalatnama " No Objection" with his signature. It does not ordinarily take such a long time to get the hearing of a Quash Petition. Your lawyer shall have to make a mention before the Judge for listing your case for hearing.
2. You shall have to submit Written Objection to her said application filed u/s125 of Cr.P.C. alongwith copy of your salary slip.
3. You should simply state that she is not entitled to the maintenance claimed by her since she has decided to leave you of her own and you are still willing to live life with her as husband and wife.