498A (Maintenance petition)
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)
Now our lawyer is saying better to pay maintenance before next hearings as judge looks like favoring her (my wife).
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 2 years ago in Family Law from United States
1) your advocate is right . you have to pay maintenance on time . if you fail to comply with court orders on maintenance it amounts to contempt of court . your wife can take contempt of court proceedings against you .
2) the maintenance is awarded by court after considering your income . generally 1/rd of income is awarded as maintenance
3) it is in your interest that 498A cases is disposed of fast . 80%of 498A cases are false and end in acquittal .
4)contested divorce cases take 5 years to be disposed of . if wife is not appearing in person or through advocate draw attention of court to fact that wife has repeatedly remained absent and to proceed with case in her absence
Hi, it is the duty of the husband to maintain his wife and court has passed an order for maintenance so it is your obligations to pay the same.
2. Hi, you have already appeal to High Court for challenge the order passed by trail court for maintenance.
3. And your presence in the day to day hearing is not required you may represent through the advocate.
4. As far as 498/a you may file permanent exemption as your difficulty to appear before the court.
1. No payment of maintenance has no immediate issue as if you are defaulter then your wife will have to file a fresh execution proceeding and in the said execution proceeding you fail to pay the court may issue warrant of arrest.
2. Non payment if maintenance has connection with your passport issue.
3. Apply in the court for your absence in some date by filing an application u/s 205 crpc.
4.If your wife is not attending the divorce suit then ask the court for fixing ex parte hearing.
1. Has your bail been cancelled by the court? If it has not been cancelled then the cops cannot arrest you.
2. It was a blunder on your part to have given the passport to the cops in such a haphazard manner. There is procedure which is to be followed while submitting the passport in compliance of a binding legal obligation.
3. Judges have to take sides. When they seem favouring either side they are actually interpreting the law of the land. Interpretation of law will inevitably swing in one favour.
4. If you have told to attend all the hearings personally then you must comply with the court order.
5. If you do not pay maintenance then you will be sent to jail.
6. Courts have a huge backlog of cases. So having a hearing every alternate day may not be possible. If she does not attend the hearings the court will strike off her defence.
if the police is not ready to accept the passport in their possession then first of all file a written complaint before police regarding the passport and the complaint should be filed before higher official like DCP/Commissioner if they respond regarding their non-possession then file a complaint regarding the missing of passport and also informed the passport office.
You may file an application for exemption before court for appearing before the court in-person on and every date with the help of your lawyer.
or you may file a transfer petition before Supreme Court.
or you may file a writ petition before HC where the Divorce case is pending for speedy trial.
You may contact over the phone or mail me after getting my detail from admin to get best advise, the charge is very nominal.
Advocate, New Delhi
1. Your lawyer has rightly advised you to pay the maintenance,
2. If she is not appearing for the divorce case, ask your lawyer to pray for ex-parte hearing,
3. Ask your lawyer attending the Maintenance and 498A cases to be alert and ensure that the Court officer is not bribed to fix so short dates by your wife's lawyer.
It is the duty of the husband to maintain his wife and Children’s and the court has passed an order for maintenance so it is your obligations to pay the same other wise court will take it as negative. So better solution is pay the maintenance amount .
File an exemption petition or modification petition for bail conditions as your difficulty to appear before the court.
Section 498A is a tool to trap harassed husbands. This section that deals with crime against women by husband or his relatives and sentences them to jail has been misused by women often who level false charges.
Can the person who filed the case ask respondents to come to court compulsory, then only they will cooperate for cross examination?
Asked 2 years ago
It is the court alone which can require either party to appear personally before it. The petitioner can request adjournments if the respondent is not appearing personally, and the court may be favourably inclined to accede to this request.
In civil suit physical presence of the party is not essential unless the suit is fixed for reconciliation or deposition of the said party.
1) if 498A case is filed against you as accused you have to attend court
2) complainant has to give evidence in court to prove allegations against the accused
1. The parties of the case filed can not impose terms on each other for any thing in connection with the case,
2. All the parties will act as per the order/direction of the Court,
3. For imposing any condition on the opposite side, make prayer before the Court for appropriate direction on the other side.