• How to overcome fake cases - please read my story, not getting proper guidance

Hi,
My wife deserted me after 45th day of marriage and carried away all jewellery and cash. I am facing threats from 6 years. She filed 7 cases against me (498a/125/DV/DP/Women Protection). Her family even barged in my house for abusing and killing me but i escaped somehow. No one is listening to me and i am jobless now because her father visited my office along with policemen from their location to get the maintenance under 125 or arresting me if I refuse to pay the money; my company asked me to resign which i did. Now court is not accepting if i am not working, despite of presenting my proofs.

All the decisions were ex-partied as her father bribed the Peshkar not to dispatch any summons to me. Now one more thing that came in front of me is that she by fraud means obtained my ITR filed by my previous company, basis which she is showing that i had earned 50000 pm salary and on the contrary she is presenting her medical papers that she is mentally ill and that she cannot work. Even she claimed that I am impotent; in fact it was she who refused to have any physical activity as she said she is not meant for it; as per her this is done by prostitutes, so not letting me to touch her.

Court is accepting her fake and lies; please suggest me what to do; my 6 years of prestige and honor is wasted because of her. Her only statement is " She belongs to her father and she loves him only, she cannot live with me any more", which I do not know what it exactly means. I payed 50000 bucks till now for 125, following compliance and seeking permission for challenging it in High court (by taking financial help of my sisters). Now she again filed new paper for 127, for enhancement of maintenance. 

What should i do now? Please help me.
I lost my job because of her; will I be eligible for getting maintenance from her father? Her father is getting 50000 pm pension and also doing some additional business.

She is asking for 25 lacs for settlement.
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

Hello,

No, there is no law by means of which you can take maintenance from her father.

As and when if the cases are proved to be false then you may file a case of damages and defamation against them and can claim compensation.

You may file application for setting aside the ex-parte decree that have been passed against you.

Also, you may challenge the maintainability of the cases before the HC, after consulting a lawyer.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Looks like you had no option left but only to fight the case but don't ran away with the situation kindly come to our office and get the free consultation... I'm associated with an NGO which may help you too ..... If wud like to talk then contact me asap... We'll see what we can do... From your description we can give you the correct advice before reading all the papers...

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

You should file an application under section 126 (2) CRPC to set aside the ex Parte maintenance order passed against you setting the reason as non service of summons to you.

The said section is reproduced as follows:

126 (2) of the Code of Criminal Procedure :All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-case.

However, if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper. Here the period of limitation of three months begins from the date of the knowledge of the ex parte order to the aggrieved party and not from the date of the passing of the order.

There is no provision of law where you can claim maintenance from your wife's father, irrespective of his income.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Dear concerned

Let's look at this step by step

If your wife is educated you may need not to pay any maintenance to her.

Additionally though you have been able to put your thought across but in present circumstances it can be assured that you don't have to pay maintenance as you are unemployed however it is better to consult a lot call laywer with entire court records as it is important to see the complete file.

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

You may file an appeal against the order of maintenance on these grounds also.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

She is not entitled to get the maintenence if she is well educated..... However her claims will be tested in cross questioning by your advocate....

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

Refuse to pay Rs 25 lakhs for settlement

2) you should challenge order passed awarding her high maintenance

3) court would not award her enhanced maintenance if you are unemployed

4) file for divorce on grounds of mental cruelty

5) wife refusing to have sex amounts to mental cruelty

6) wife making false allegations that husband is impotent amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You will not get any maintenance from her.

To give you a fair advice, if you have means, I'll suggest you to settle this with your wife at this stage only. You negotiate with her and press for decreasing the settlement amount.

The other option is that you contest the cases filed her, challenge all the ex-parte orders obtained by her. But going this way will consume a lot of time, and secondly will also involve cost and efforts on your part. Having not fought your legal battle well till now, if you decide to start doing this from this stage, even this is goignt o involve a lot of efforts plus money

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

From the legal point of view, is she's highly educated and professionally qualified and has worked in the past and even in the present is fit physically to work; she is not entitled to any maintenance from you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You should make application that wife should be examined by doctors of govt hospital to confirm whether she is mentally fit or not

Court should consider her qualifications and work experience in determining maintenance

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

These things need to be argued by your advocate as a well qualified wife is not entitled to claim any maintenance from her husband. Even the documents submitted by her stating that she is suffering from mental disorder should be given by psychiatrist or Neurologist specialising in ailments related to brain or nervous system.

Even the doctor who has given the said report should be cross examined very comprehensively by your advocate 2 negative story of suffering from mental disorder and not working, just to claim maintenance from you.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You cannot claim any maintenance from her father, there is no provision in law for that.

You have to fight her cases properly in court.

If you have been set exparte then you may have to file petition to set it aside instead of paying the maintenance amount ordered by an exparte order.

You may discuss with your advocate and put up a strong fight.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

She is highly educated and presently not working "intentionally"; stating that she is mentally-ill-depression; producing medical paper issues by a surgeon & physician (not even psychiatrist/ psycologist).Just to get maintenance.

She is mba/m.phil with 7 years experience of teaching as assistant professor/lecturer.

You have to contest her maintenance claim on the same grounds and also you should produce the documentary evidences for your unemployment status

If the order is passed against you then you may prefer an appeal before the higher court or the high court as applicable.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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