• Family Court Maintenance notice U/S 125 CrPC and also threat of false charges U/S 498A and 406

I have been married since 2007 under HMA and in May 2018 my wife left on her own for her parental home in Dhanbad along with my only minor daughter who is 10 years old. My wife took away all the jewelry including gold chain which was gifted my her parents to me during wedding. She also took away most of the clothes (when she left and again she came back 25 days later for a day) along with her including all her and daughter's certificates. My daughter was suffering from epilepsy since very young age but by God's grace she finally seems to have recovered fully after her brain surgery in South India in April 2018. Me and my wife, both were there with the daughter for over a month in South India for the surgery. Just 4-5 days after returning home, my wife left me. Now, I have following queries:

1) My wife has sent lawyer's notice to me from Dhanbad, charging me with tremendous verbal abuse and physical abuse, abusive and insulting language, etc. on both her and daughter. It is completely false and fabricated. We had regular arguments or small fights like any other husband-wife may have but nothing or sort mentioned by her. What do I do? I suspect she will file a false 498A case.

2) She has falsely accused me of retaining her Streedhan and other silver utensils that she brought from her parental home. Fact is, for last 9 years she had a joint locker account in her own and my mother's name. But my mother never went to bank even once to operate the account. Only my wife operated it and we have information that she operated the locker two days before leaving our marital home. Inspite of all this truth can be falsely charge me under sec 406?

3) Only two pairs of ear-rings of my wife and lying in my bedroom almirah which I have asked my wife to come and take away any day. She is now falsely accusing my sister (who lives in same building as me) of retaining all her jewelry and referring to a WhatsApp message wherein my sister acknowledged to her that she is having my wife's jewelry in her house. But actually, my sister only meant those two earrings pair which I had kept with her while my house was closed for a few days as me and my mother (who lives with me) were both traveling outside Kolkata. Later, I clarified this matter to my wife on WhatsApp message. However, she is just holding onto my sister's initial message and dragging her into false charges as well. Will the police or court buy her selective facts?

4) I'm unemployed for last 18 months with no income. Previously, I had a good job. My wife has been a teacher for last 6 years and in Dhanbad too she joined school job immediately. Can she ask maintenance for minor daughter? She hasn't asked any maintenance for herself mentioning that she is working. In court notice she has lied that I'm working with 1.5 lakhs salary per month as she knows very well that I'm jobless.

My wife had absolutely no legal reason to desert me. She repeatedly asked me to shift to Dhanbad with her parents.
Asked 1 month ago in Family Law from Kolkata, West Bengal
Religion: Hindu

1. See to save your marriage and your daughter childhood it would be better to talk her out of this and reconcile on the issue and further go for marriage counselling.

Further in case 498a complaint is given police will call for counselling at that time issue may be mediated in case FIR is registered you need to take an Anticipatory bail.

2. Sir she might be under influence of somebody you may submit the case before IO that she had taken her jewellery and further had her joint locker and was herself operated same the IO can check the bank record for same.

3. She onus is on her to prove things you can defend the things. See at this stage it is better if settled amicable otherwise you have to contest same and you will get out of this there wont be any issue just engage a good local advocate.

4. For daughter she can ask maintenance as you both has to share her expenses further if she is earning she is not entitled to the maintenance. You can submit your bank statement and on affidavit that you are unemployed.

Try settling the issue to save the family if not possible go for a mutual divorce peacefully otherwise it has to be contested,

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

1. There is no way by which one can be stopped from filing false case and if it is done it is t be dealt with as per its merit and once bail is obtained there is not my to worry about it anymore.

2. Do not worry as proving criminal breach of trust is most difficult job and there is nothing to be concerned much on this.

3. No, the evidence on whole is taken into account.

4. Unemployment is no excuse . So without employment is no ground to avoid maintenance. So you can take this please to reduce the quantum of maintenance but you can not make it zero.

Devajyoti Barman
Advocate, Kolkata
14647 Answers
203 Consultations

5.0 on 5.0

You must initiate proceedings by engaging an expert advocate. You may get issued a legal notice for restitution of conjugal rights that is to say for inviting her to your conjugal house. If she will not come then, you initiate proceedings for divorce. Take expert advise and do not waste your precious time.

Mohammed Mujeeb
Advocate, Hyderabad
3199 Answers
2 Consultations

4.5 on 5.0

1) engage a lawyer and reply to legal notice

2) deny allegations made in said notice

3) mention that wife has operated bank locker 2 days before leaving house and has taken all the jewellery lying in said locker

4) that you had spent substantial sum of money on your daughter surgery and was with your wife for over a month in south India for her treatment

5) you have already clarified your sister message sent to wife mention it was regards earrings only

6) wife can seek maintenance for your daughter

7) mention that you are jobless with no income and not earning Rs 1,50 lakhs as alleged

8) apply for and obtain AB if false dowry case is filed against you

1) engage a lawyer and reply to legal notice

2) deny allegations made in said notice

3) mention that wife has operated bank locker 2 days before leaving house and has taken all the jewellery lying in said locker

4) that you had spent substantial sum of money on your daughter surgery and was with your wife for over a month in south India for her treatment

5) you have already clarified your sister message sent to wife mention it was regards earrings only

6) wife can seek maintenance for your daughter

7) mention that you are jobless with no income and not earning Rs 1,50 lakhs as alleged

8) apply for and obtain AB if false dowry case is filed against you

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

Hi sir... in today’s scenario we come accross misusing the law by educated people... even though it’s okay...! The court isn’t fool to believe such cases...

As per your queries if she files 498A on you means she has to follow the order of Hon’ble Supreme Court firstly she has to give complaint against you and police authority will call you and do proper investigations and then only it will be proceeded further for investigation see sir as per the Supreme Court guidelines they can’t arrest you on any simple grounds without proper investigation or any charges whatever the sections they have mentioned in there legal notice... and coming to next query as you’re not working and she’s working means that’s well and good case where she can’t claim any maintenance because wife is liable for any maintenance when she’s capable wonwork and to maintain herself and even there decision by the Supreme Court when husband is suffering from some health issues and his unable to work then wife is liable to look after the husband she just cannot runaway from the duties.

Sir you have good case nothing to worry... for further do call me

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Dear Sir,

My answers are as follows:

1) My wife has sent lawyer's notice to me from Dhanbad, charging me with tremendous verbal abuse and physical abuse, abusive and insulting language, etc. on both her and daughter. It is completely false and fabricated. We had regular arguments or small fights like any other husband-wife may have but nothing or sort mentioned by her. What do I do? I suspect she will file a false 498A case.

Ans: You have to send strong reply notice denying all the allegations and also threaten to take defamation action for using such words in the legal notice. Secondly you may obtain anticipatory bail on the basis of such legal notice even before filing of actual complaint i.e. FIR u/s 498A.

2) She has falsely accused me of retaining her Streedhan and other silver utensils that she brought from her parental home. Fact is, for last 9 years she had a joint locker account in her own and my mother's name. But my mother never went to bank even once to operate the account. Only my wife operated it and we have information that she operated the locker two days before leaving our marital home. Inspite of all this truth can be falsely charge me under sec 406?

Ans; The issue is closed as herself opened the locker and presumption goes to show that she has taken all her Streedhan and jwellary.

3) Only two pairs of ear-rings of my wife and lying in my bedroom almirah which I have asked my wife to come and take away any day. She is now falsely accusing my sister (who lives in same building as me) of retaining all her jewelry and referring to a WhatsApp message wherein my sister acknowledged to her that she is having my wife's jewelry in her house. But actually, my sister only meant those two earrings pair which I had kept with her while my house was closed for a few days as me and my mother (who lives with me) were both traveling outside Kolkata. Later, I clarified this matter to my wife on WhatsApp message. However, she is just holding onto my sister's initial message and dragging her into false charges as well. Will the police or court buy her selective facts?

Ans: Messages are to be read in full and court will also look into subsequent messages sent by you and come to conclusion that she left only pair of ear rings.

4) I'm unemployed for last 18 months with no income. Previously, I had a good job. My wife has been a teacher for last 6 years and in Dhanbad too she joined school job immediately. Can she ask maintenance for minor daughter? She hasn't asked any maintenance for herself mentioning that she is working. In court notice she has lied that I'm working with 1.5 lakhs salary per month as she knows very well that I'm jobless.

My wife had absolutely no legal reason to desert me. She repeatedly asked me to shift to Dhanbad with her parents.

Ans: Get unemployment certificate from local authority like Tashildar ete, and produce the before the court. You may file divorce case on the ground of volunteary desertion. You may be asked to share 50% of expenses of your daughter which may be below Rs. 5000/- per month.

Netravathi Kalaskar
Advocate, Bangalore
529 Answers
2 Consultations

5.0 on 5.0

1. If she lodges any dowry harassment police complaint u/s498A of IPC after 10 years of marriage, it will not hold much water legally. When she had left your house of her own, hope you have informed the matter to the local police.

2. & 3. In your reply to the legal notice sent by her, deny and dispute all the allegations levelled by her counter alleging thet sha has operated the loacker account alone and has taken away all her articles leaving only one pair of ear rings which she can collect now.

4. As per law both of you shall have to eqauuly bear the expenses of your daughter.

Krishna Kishore Ganguly
Advocate, Kolkata
20521 Answers
514 Consultations

5.0 on 5.0

Hello,

1. Tender an immediate reply to the legal notice through an advocate.

2. Mention in the same that you have taken all the things and there is nothing left that can be given and lodge a NC saying that she is blackmailing you

3. Also in the said reply ask her to come back and live with your as she can not leave your company without a valid reason.

Regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

1. Since she has served a lawyer's notice on you it is imperative that you answer it through your lawyer.

2. If and when she files a 498A police is bound to serve a notice on you before arrest. As and when you receive the notice apply for anticipatory bail.

3. Most of the 498A/406 complaints are false, but they are nonetheless filed.

4. If your wife is not presently earning then she can claim maintenance for herself and daughter. It is never a defence in a maintenance case that husband is unemployed as Supreme Court has ruled that a husband may have to beg or borrow but he has to maintain his wife.

Ashish Davessar
Advocate, Jaipur
24668 Answers
689 Consultations

5.0 on 5.0

1. If shew has sent a legal notice with false allegations then it becomes your duty to deny all her allegations and give a reply notice accordingly.

2. Let she claim it and file a case also, you can challenge the same in court of law if you confirm that they are false.

3. This also can be challenged in court. The police may not be interested to listen to your statements, hence there is no point in relying on the corrupt police, you can file a case against her as a case in counter.

4. She can very well ask for maintenance for the child and you should be happy that she has not asked maintenance for her.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

1. There might be probability that there are no ingredients of breach of trust filed in the FIR.

2. You won't be punished you can hand over same to your wife to police claiming she intentionally left it in your house and you were always ready and willing to give same.

3. No all the facts and circumstances has to be seen as since it was denied under notice you can reply that you have not retained her goods for any reason . Just hand over there is no charge in FIR for same.

4. You can file quashing petition for.mother and sister to quash there name

5. Yes if the FIR is filled.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

1) police did not apply its mind properly while filing FIR

2) you can hand over stridhan to your wife in front of witnesses in police station

3) you should not accepted that you had custody of stridhan when you had earlier denied so in reply to legal notice

4) if you have handed over stridhan it is good enough and can help you and your family obtain AB from sessions court

5) burden of proof is upon prosecution to prove allegations beyond reasonable doubt

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

1. Might be the case that the police has not evoked 406

2. Yes, you can

3. No

4. file a petition for quashing of the FIR on behalf of your mother and the sister.

5. If you are not filing a petition for quashing of the FIR then anticipatory bail has to be taken for all the accused named in the FIR.

Regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

1. you dont worry about the section 406, it will get included in the FIR, now that is not question, you have been summoned, you act accordingly.

2. dont worry about it,when asked to return the same you can do it.

3. there is no harm in returning the same even after denying its possession.

4. it depends on the charges framed on them.

5. yes, you may have to obtain AB for everyone who have been charged in the FIR.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

1.& 2. There is no mention of section 406 of IPC in the FIR but since you have admitted having held her streedhan, she will now be able to get the said section added in the FIR. It was a blunder on your paert to send a voice message to her admitting your holding her streedhan which you had refuted earlier.

3. Your agreeing to return her streedhan top her is not a big favour to her since you are supposed to rturn the same. The point of contention herein is that you have earlier refused to accept the said charge which you have accepted later on. You should not state that you did not know that those articles are left by her at a place not regularly accessed by you for which you had refused to accept her said allegation earler.

4. You shall have to contest the case fitting for your entire family. Your mother and sister not likely to be charged under the given circumstances.

5. You should obtain anticipatory bail for all the accsued from the Court.

6. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
20521 Answers
514 Consultations

5.0 on 5.0

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