• Fake 498a

Ours arrange marriage took place in May 2013 with some false information by the middleman, we never think about a background check on her family. Just after the 2nd day of marriage, she had started to create a daily mess in our life. After observing her nature we have made inquiry about her family in her maternal village and realized that the family does not bear a good character and not of co-operative nature with other people and real relatives as well. My in-laws wanted me to get separated from my parents and live separately. Her behavior towards me was rude and unsupportive. Her parents always support her for creating a mess.Her brother threatens me and has sent the message to my cell also.From the day she entered our house, she continuously threatened me and my parents that she will file a dowry/dv complaints and see them if she has been asked for anything like household tasks. On telling these to her parents, they also responded the same.I have tried all means of settling it but did not work out, I remained silent knowing the truth and was just trying, in vain, to adjust between marriage but things were getting worst day-by-day. We have a daughter also born after 9 months.After 1.5 years of unsuccessful marriage and continuous trails of compromise, it becomes difficult for me to live with her and helplessly I gave up. I had filed a complaint against her and her parents in her maternal village panchayat, with the hope that it will solve the matter. I also told her about the complaint that You have forced me to do all this. (Closed as she never appeared in the hearing beacuase everyone knows about her in her own maternal village).
On day forth of the complaint, in my absense, she has locked herself in the room and started crying. Within minutes her parents came with police saying that my parents have beaten her and tried to kill her for dowry. (These fake allegation has been proved later when I had made an inquiry by deputy Commissioner, against the police personnel who came that day). In fact, she has beaten my mother and put fake allegation on us for dowry and domestic violence in court.(still going on) Police has asked her to leave the home on her own and she left.She has also given same complaint in our panchayat for DV. (Closed without any conclusion). As she has not listned to panchayat and file a complaint in state women commision shimla for DV (closed, as in bwtween she has filed two more cases in session court for DV and maintenance (providing @2500/month for both her and daughter as per court). After she has filed 5 fake cases with only motive to mentally torture us I have filed the case for Judicial Separation/Divorce on the ground of Cruelty,in session court. (going on from 2+ years).Her advocate has left their case after knowing the reality.They have hired another one who has sent me a new summon to provide separate maintenance to daughter (already providing).Please guide me on how to proceed further.
Asked 2 years ago in Family Law from Hamirpur, Himachal Pradesh
Religion: Hindu

1. Well,since cases are filed only option lies in defending those on merit unless the disputes are settled amicably.

2.As the cases generic in nature and there is no cplusion except making rounds of the court for both parties it is advisable that both of you talk to each other and go fr mutual divorce.

3.if the negotiation for mutual divorce fails then proceed with your divorce suit. If 498A case is filed and there isno disclosure of offence or what is disclosed in inherently improbable or done with apparent malafide intention you ca file quashing petition in high court also.

4.if your wife is unemployed then her maintenance cannot be avoided which varies around 1/3 to 1/4th of your income.

Devajyoti Barman
Advocate, Kolkata
18130 Answers
260 Consultations

5.0 on 5.0

It is advisable that you try to get your Matrimonial dispute resolved amicably.

Both the sides may sit together and devise strategy for resolution of this dispute. Dialogue is the only way to come out of this.

Otherwise, matrimonial cases may take a long time to conclude and even after the conclusion, the other party may assail final order (s) in the higher forum.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

1) You to filed case in the Family Court and not in the session court. And explain in all details what you have narrated above.

2) Is your wife is working women or house wife ?

3) If she is house wife than you have to pay alimony for her and your daughter.

For further any details please select consultation call.

Ganesh Kadam
Advocate, Pune
8268 Answers
69 Consultations

4.9 on 5.0

A separate notice seeking maintenance sent by another lawyer is not maintainable for the fact that a similar application was filed before the court and she is getting that benefit

You may give a fitting and proper reply to the notice sent by her lawyer and send the copies of the relevant documents to prove your case

T Kalaiselvan
Advocate, Vellore
58913 Answers
747 Consultations

5.0 on 5.0

Wait for police investigations to be completed

2) Police would file charge sheet against you and family members if any case is made out

3) then based on legal advice file fir discharge before trial court

4) quashing is done only in exceptional circumstances

5)as far as maintenance case is concerned appear in court take the plea that you are already paying maintenance for daughter

Ajay Sethi
Advocate, Mumbai
69070 Answers
4155 Consultations

5.0 on 5.0

1. Since you are already paying maintenance to her and your daughter on the orders of the court you can contest the fresh case on the ground that maintenance cannot be claimed again as you are already paying it.

2. Contest her other cases on merits.

Ashish Davessar
Advocate, Jaipur
26720 Answers
797 Consultations

5.0 on 5.0

Respected sir...

As told by you that your case is going on from last two year and they are misleading the case to waste the time I would like to advice you to hire a good lawyer how can fight your cases as his own because most of Lawyer don't take risk ...Sry try to settle the case as alimony and one time payment that would be much better for you ...You have to pay maintenance to both as it is your duty but steelment is beat as your right to escape from harassment ... Fight all the cases strongly as you will surelly will ...You just need to be strong.

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Relax first. Truth will always shine. No provision is in Law for double maintenance if already paying. She can claim inhancement of it only. You can file application for getting custody of Minor daughter due which you will sympathy of Court and apparently succeeds. Thanks.

Shaikh Pirpasha Ajamoddin
Advocate, Latur
18 Answers
1 Consultation

4.0 on 5.0

When maintenance is already being paid for both, what is the summon you received?

What is your specific question?

Rajaganapathy Ganesan
Advocate, Chennai
1587 Answers
8 Consultations

4.9 on 5.0

Hello,

An advocate can not summon you to provide maintenance for daughter.

Pursue the divorce case well, and as soon as the divorce is granted file an application for dismissal of all the other cases.

Note that if the hearing is not taking place expeditiously then file an application in the HC for expediting the hearing of the case.

Regards

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

You must act as per your lawyer advice

2) if wife has worked in past and there is not substantial differences in your incomes your wife would not be entitled to any maintenance

3) if wife does not lead any evidence her cases would be dismissed

Ajay Sethi
Advocate, Mumbai
69070 Answers
4155 Consultations

5.0 on 5.0

1) go with counselor decision and stick with him as he knows in and out. Take his support from here onwards and work accordingly.

Ganesh Kadam
Advocate, Pune
8268 Answers
69 Consultations

4.9 on 5.0

If you are having full faith and trust on your lawyer, you may follow up the matter through him and also go by his advises.

She cannot continue to cheat the court always, once the truth is revealed before one court, the same fact can be taken up before the other court also where she has given similar or more false allegations against you.

Out of frustration she may make more mistakes which will be an advantageous situation to you hence you may observe patience at this stage to achieve success at a later stage.

T Kalaiselvan
Advocate, Vellore
58913 Answers
747 Consultations

5.0 on 5.0

If you have got fresh summons in the matter, attend the court and file reply to the application of maintenance of the child and oppose the same

Prashant Nayak
Advocate, Mumbai
14541 Answers
25 Consultations

4.6 on 5.0

1. If she does not lead evidence in her cases then her cases will eventually be dismissed.

2. Heed your counsel's golden words when he says let the courts decide their fate.

Ashish Davessar
Advocate, Jaipur
26720 Answers
797 Consultations

5.0 on 5.0

The Court will ultimately dismiss the pending cases in absence of witnesses, which needless to say she has failed to produce in Court.

You must let your lawyer take care of these cases and you are advised to proceed ahead in life, without thinking about your disturbed matrimonial life.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

If the cases are being dragged unnecessarily then you are advised to approach the HC and get the matter expedited at the earliest so that the same can be concluded in the time bound manner.

Regards

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

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