• 498a evidence report

Hi,

Married in May 11,2013. Wife Joined to Live with me in Dec 28,2013. Left my house in April 2014.
When she was with me at my house for 4 months she harresed that she will file cases on me in court. Finally filed 498A case on me in September 2014. I was arrested on Sep 19, 2014 and got bail in 6 days and came out. I filed divorce case. She filed DV case. 

On December 10,2014 Order was issued to pay maintenance before 10th of Every month. They haven't shared account number till January 19,2015.In next hearing our lawyer told to court that we are ready to pay maintenance, however she should co-operate  for case proceedings. she said she is not prepared. After that we applied in high court that maintenance is high on the other hand she gave a petition saying maintenance amount is low. 

And then She filed a petition to reject the bail because the passport is not submitted. But when they came to arrest me cops asked for passport and I gave them right away. From then my passport was with them. I told the same in the court. But Cops said it is not with them. But internally when we spoke with cops they said it was with them but they did not submit to court that means it is a issue to them. I don't that I should take a memo when I gave my passport to cops. As I don't have any proof to show that I submitted passport to the cops, with great difficulty I took my passport from cops and submitted to the court. Court warned me by saying that I have to attend all the hearing in person by coming to the court. (Finding difficulty to take leave in office to travel from Bangalore to Hyderabad every time to these hearings)
I am paying maintenance for her every month now. She gave all the false evidence of Jewellary bills and also a document saying her father took loan from his friends and gave to me and my dad.  All these documents of proof which she gave did not include a Number which says it is valid or not. Thats what my lawyer said in court and to me as well and to the Judge also and asked the judge the same they are all duplicates with no exact purchased bills. Now My lawyer demanded for original bills when the jewellery bought.  Wife also kept my CIBIL report.

My question is How can a person take the other person CIBIL report by any third party and submit as evidence in the court. In Domestic violence case my wife submitted my CIBIL report in the court as evidence. Can I file different case on theft of my CIBIL report with out my knowledge and shown as evidence in the court?

To pay the maintenance fee for her every month which was very huge and I have to do my living with dependencies of my parents the Land which I purchased before marriage with loan on my name I saled it and using that money to pay the maintenance and lawyers fees and so on.. Now by this CIBIL Report she knows that and kept that as evidence I have no idea how this works to the court. Please clarify this. Thanks in advance and your help.

Regards

Wanted to know will there be any issues if we don't pay maintenance? 
I want to move my divorse Case fast but she is not attending to the hearings and moving this maintence and 498A case fast in such a way that hearings are every alternative day or next day itself. Please helpppp

Asked 28 days ago in Family Law from United States
Asked 1 year ago in Criminal Law from United States
Religion: Hindu
1. Every person who is a party to a dispute in a court of law is entitled to produce evidence to substantiate his case. However, it is essential that the relevant documentary proof should have been obtained in a manner which is in consonance with the law. You cannot commit theft of a confidential document and produce it in the court. So you are free to prosecute her for theft. 

2. If the court has ordered you to pay maintenance to her then you must comply with the court order unless it is set aside by a higher court. Failure to abide by the court order will result in your arrest.

3. Hearings cannot be held on every or alternative day. This does not happen in any part of the world. If she does not appear in the divorce case then the case will inevitably be decided in your favour. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. If you do not pay maintenance then you would be put behind bars.
2. Ask the court to return your passport so you go to abroad to earn money which would give you some relief.
3. You can apply to high court to expedite the divorce suit. If the high court gives such direction then lower court will be bound to decide the suit withing a specific time frame.
4. The CIBIL report has no standing on the merit of your cases.
Devajyoti Barman
Advocate, Kolkata
5236 Answers
54 Consultations
4.9 on 5.0
Dear Querist
first of file an application before court regarding your passport which was handed over to police, the police will file a status report of the same in writing and after getting the status report you may file a missing report regarding your passport.

secondly what is the status of HC petition which was filed against the maintenance order, if there is any stay then no need to pay maintenance otherwise if she file any execution for maintenance then the court first of all issue an warrant of attachment of the property then warrant of arrest.

you may file an application u/s 21B of HMA before Family Court where the divorce case is pending and pray for speedy trial of the case as per this section the case should be decide within 6 month from receiving the summons.

for CIBIL report you may send a notice to CIBIL that without your written approval why can they issue your report to any third party who is no a member. if they replied that they never issued this type of report then this reply will be helpful for fighting the case on merit.

all the Bill should be original for exibit otherwise they can not be read as an evidence by the court, the burden of proof lies upon her to prove these bills.

you may contact over the phone after pay the consultation fee which is very reasonable.

  
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
It is advisable that you do not stop paying the maintenance to her since that would amount to contempt of court. what is the result of the appeal you had filed against the maintenance petition? 

if the divorce case is not being proceeded in the way it should be, you must file an application for early hearing. If she is not appearing in the divorce case but is appearing in other cases, appearance in other cases can be shown to the court who is dealing with the divorce case to show that she is delibrately not appearing in the divorce case. further, you can also ask the court who is dealing with maintenance and 498A to club the divorce case along with it as the parties are same and the petitioner is avoiiding presence in the divorce case with ulterior motive.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. You can file a case for theft in the nearest police station. The court does not ask you the sections.

2. She can stay in your house as long as she remains your lawfully wedded wife. To stop her from moving in your house the only legal recourse you may adopt is to seek a restraint order from the court. 

3. If media comes in then you may prosecute it for defamation. Press people in their penchant for TRP often forget the law of the land. This is why the journalists are the biggest casualty of the law of defamation. Accordingly, you can either seek a stay order against being defamed by the press, or prosecute it for defamation if they defame you.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1.Under what section or what type of case is it criminal or theft case I can file for submitting my CIBIL report to the court without my knowledge.
Opinion: there is no theft case is made out against her but you may issue a notice to CIBIL and aks about the issuance of your report to third party without your consent which is against the contract act.

2. Now From some mediates came to know from them that Her father said My wife and her father will come to my house and stay. Can they stay in my house even after filing all these cases?
Opinion: No they can not stay in your house, but if the house is the matrimonial home then your wife have right to reside there after getting residence order from the court in Domestic Violence Act-2005

 Is there any law I can save myself from them coming to my house? I am sure they are going to say all false statements on me and my family if they come and stay at my house.
Opinion: You may file a civil suit for injunction against them before civil court where the property is situated and get the restrain order.

3. And also mediates said they may bring TV channels in front of my house and talk about my full family and insult us? Is there any law where I can protect myself and my family?  
Opinion: filing civil suit before civil court for restraining them is sufficient to protect yourself and your family.

Right now my family and myself vacated the house. because of this theft. Let me know the best way to save from these situations and when I can go back to my house and stay without these?
Opinion: Try to get restrain order and live into your house without any tension.

if they do anything wrong and illegal against you and your family then you have also right to file a complaint against them before police or court.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. CIBIL report of a borrower is obtained by the lending Bank,

2. It is obtained by using PAN Card no. of the borrower,

3. Your wife will contest your allegation of illegally obtaining your CIBIL report by saying that it is not possible to obtain that without knowing PAN Card no. which you are privy to and will claim that it is you who had taken out the said score from the internet and given to her since as otherwise it is not posible for her to get your CIBIL report,

4. However, you have not mentioned as to how has she used CIBIL report in her 498A complaint,

5. You shall have to obey court order otherwise you will be punished. You may be arrested also for not complying with Court order. So, the only way left before you is to contest the cases fittingly,

6. This is the usul trick played by the advocates of the wives. Your Advocate shall have to draw the attention of the Court about the said trick and try to expedite hearing of the divorce case ex-parte, if she continuously refrains from attending the Court. 
Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
5.0 on 5.0
1. As suggested in my earlier post, she will be able to counter your case in connection with stealing CIBIL Report. So, no point wasting time on this issue,

2. She has the right to stay with you till she is divorced from you and it is within her rights to have her father as guest in her matrimonial house,

3. Once she could enter into your house, she will create all nuisances,

4. If the house is in the name of your father, then you take up a rented house informing her about your said shifting,

5. In that case your father can file a petition before the Court and obtain an injunction against her entry into your father's house where you do not stay,

6. If it is your house, then execute and register a gift deed in favour of your father,

7. Your father can also seek stay order against her and her father restraining them to arrange/organise any media activities before his house. 
Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
5.0 on 5.0

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