498a filed against me, my father, mother, brother, brother's wife and aunty.
I got married on 01.02.2014. My marriage went well and we lived in joint family- parents, brother and brother's wife. In September 2015 my brother shifted to other city with his wife because of his job. In January 2016 my father also got transferred to another city where he shifted with my mother. Hence from January 2016 I lived alone with my wife. Even after couple of years of marriage we were not able to have a baby. Initially my wife got treated for it, later on further medical reports revealed that it was my infertility(not impotency). Further we tried to conceive with medical techniques but our efforts went in vein. I was always open for adopting a child or continuing medical treatments, but in December 2017 she under advice of parents left me and went back to her parents. Then she filled maintenance case over me stating I am impotent and I used to torture her mentally or physically, following to that 498a is filed against me, my parents, brother and bhabi. I want to mention her father is a rich influential businessman of city. My brother and Father are government servants whereas I am in tourism business and file ITR of 250000.00.
1) How can I save myself from paying alimony or maintenance.
(I am a graduate and so is she. I work online as well offline in tour and travels to earn and she can also work for herself.)
2) We were a happy couple for three years until she left, even law says infertility not a ground for desertion. In that period of three years we went for various domestic and foreign trips as this is my line of business. She herself used to click and post over social media a lot of pictures of us as a happily married couple and posted them on facebook. Can those posts and smiling pictures along with date of posting serve the purpose of defending false 498a?
3) How can I save my family from false 498a? Is quashing of 498a in high court practically possible? and in how much time?
4) My brother is planning to move abroad for work purpose. Allegations of 498a will be a hindrance in his way?
Asked 7 years ago in Family Law
Religion: Hindu
Can I use judgement of Mamta Jaiswal vs Rajesh Jaiswal, 24 March,2000 in which court said if the wife is able to work Section 24 is not meant for creating an army of such idle persons who would be sitting idle waiting for a 'dole' to be awarded by her husband. My wife is a graduate and hold a beautition course from Orane academy. She can be self employed or there are private jobs available also. Will fighting this way I have sufficient chances of winning or not?
Asked 7 years ago