• 498, FIR, maintenance to deal

Dear All,
It's near about 1.8 years over the case proceedings:
I want to know:
1. Earlier My wife filed three times complaint in women cell and try and force the counselors to send her file to Police Station but she failed as she is saying she wants only maintenance and she don't want to live with her husband.
2. Interim Maintenance proceedings are under process (Maintenance not decided yet)
3. Domestic violence act including maintenance under process (Maintenance not decided yet) also in presence of Judge She said she don't want to live with her husband and don't want to give divorce and she want only maintenance)
4. Now she again file complain in women cell and she said to Councillors she want only to log FIR also she complaint against the counselors to there branch head.In counseling women cell forward the file to Police Station as she said she wants only to log FIR. It's fourth complaint in women cell against husband.
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1. 1st complaint in women cell forwarded by me where she fail to appear after receiving of notices.
2. Section 9 file by me where she again fail to appear after receiving notices and ex-parte order passed.
3. In all counselings statement is clear she don't want to live with me and don't want to divorce and she want only maintenance.
Questions:
1. Can she log FIR after Fours counselling where in all counselling there is no sign of dowry and her clear statements are she don't want to live with husband she want only maintenance?
2. Can she awarded with maintenance as she is more educated then me?
3. She file maintenance separately interim maintenance 125 for daughter only and in Domestic Violence for herself only?
4. She forward her file from women cell to police station Can police log the FIR directly' If no then after counselling or verification if it is found that the 498 filed by wife is false can FIR logged by Police Station as may be they said FIR is the right of women she can file?
5.How to prepare for interim maintenance and DV maintenance as both are filed separately??
6. How to prepare for first date of divorce?
7. How to deal if police station call me after receiving file from women cell?
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1.Counselling is done to avid conflict.The proofs if any placed beofre it is not taken into account and hence irrespective of number of counselling sessions the wife can still lodge case and register FIR.

2.Mere education is not enough to avoid maintenance.You will have to prove her job and income.

3. This is permissible.

4. Police cna straightway register FIR but there is little chance of your arrest,more so, if you participate in the investigation on receipt of nptice u/s41aof crpc.

5. Contest separately as per its respecitve merit.

6.Engage an advocate,he would guide your everything/

7.Talk to IO and place your evidence before him.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

1) if allegations made in complaint do not enticing about dowry harassment no FIR would be lodged against you

2) court considers income of both parties in determining maintenance

3) wife can file DV case and complaint under section 125 cr pc

4)draw attention of court to fact that wife is highly wand can maintain herself

5) if Police issue you notice to record your statement deny allegations made by wife

6) mention that it is fourth complaint filed by her and is counter to section 9 petition filed by you

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

you cannot be arrested if you appear before police station to record your statement

2)once notice is issued under section 41 A you have to attend police station to record your statement

3) SC has restrained police from making arbitrary arrest in 498A cases

4) police will have to conduct investigations and submit report before magistrate

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. Generally the FIR shouldn't be lodged in such a scenario, but you can't be sure of it. If the counseling has failed, the FIR might be lodged.

2. If she's educationally qualified to the extent of earning for herself, she isn't dependent on you and hence isn't entitled for any maintenance.

3. She can't be granted both maintenance and interim maintenance.

4. If counseling has failed, police is empowered to lodge the FIR. However, there is nothing to worry Becca even of FIR is lodged you won't be arrested automatically.

5. File a reply in defense to her maintenance claims.

6. Cooperate with the Police.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. Even if she succeeds in filing an FIR you can straightaway go to the HC for getting the FIR quashed.

2. It is hard that the court will pass maintenance in your case.

3. Probably yes.

4. Police does not file FIR so easily.

5. By simply saying that she is not liable to get any maintenance as she is the one who is not abiding by the institution of marriage.

6. On first date you just seek time to file reply.

7. Go to the police station, nothing to worry.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

If she really goes on to file a FIR, you will have to obtain bail.

Be assured of not being arrested immediately after lodging of FIR, as there is not automatic arrest in 498a cases anymore.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

The complaint before the women cell need not be mandatorily convert into a FIR, if ther is no truth or substance in her complaint, the women cell may put up a note recommending to close the complaint as there is no truth in the allegations of the complaint.

Mere more education more than you cannot make her disqualified to seek maintenance from you, her earning capacity and sources of income to be proved before court while you refuse to give her maintenance amount.

There is nothing wrong to file separate maintenance cases for her and the child separately.

FIR is not the right of women.

If police finds that there is no cognizance in her complaint then it may not even entertain the complaint

The police will make enquiry and then if satisfied, shall proceed with the FIR.

You have to prepare counter to the petition filed by her accordingly.

Consult your advocate about your first appearance in the divorce case.

You first confirm if ther was any complaint directly from her or whether this is further to the women cell complaint, however it is better that you obtain AB before visiting the Police station.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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