• 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

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9 Answers

You have to pay maintenance if your wife is not working 

 

2) Police would issue you notice to refund cord your statement . Deny allegations of dowry harassment 

 

3) produce photographs of your various trips in India and abroad 

 

4) quashing is to be done only in exceptional circumstances 

 

5) wait for police investigations to be completed and charge sheet filed 

 

6) then based on legal advice file for quashing in HC or discharge before trial court 

 

7) your brother can travel abroad with court permission during pendency of dowry harassment case 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1)  If 498a can be get quashed for high court and it will be get quashed within 1-2 days.

2) You provide all those happy moments pics as evidence in the court.

3) No, if all are those false allegations and order passed in your favor then those charges can be removed. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If marriage breaks and the wife is not working, you would have t pay alimony/ maintenance as per your status and earnings. 

marriage cannot be terminated simply on the grounds of infertility.

we suggest you to hire a competent advocate to defend you in the court, quashing depending on your merits after chargesheet was filed. 

Pendency of criminal case is no hindrance in flying abroad. Unless the court has restrained you from travelling abroad you are at liberty to travel.

 

 

 

 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You have to approach to High Court and file a petition under section 482 to get the fir quashed.

This is a material in High Court that how much influence our forefather have and the court will decide the the  matter on merit.

As your wife is living separately from you and it is disclosed that there is a dispute between both of you you may be liable to pay the maintenance and legal expenses till diverse is diverse is allowed by the court and the amount will be decided by the court.

If the amount decided by the courts is not favourable to you you have another opportunity to move to the High Court against the lower Court decision under section 127 for revision of the amount allowed by the family court.

The payment of alimony is decided by the quote based on the demand of other party and contest by the other party along with the consideration of the actual income of the husband and that can also be challenged in case it is not favourable in the High Court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. See in case she is not working court will grant her maintenance more or less that is point of contest.

2. Yes the pictures can be used, further for mother father and brother and his wife they can first prefer a quashing petition before high court on ground that they lived seperately and can pray to get the FIR quashed.

 

3.Yes it is practically possible and time would be according to pendency but you will get a stay on investgation and trial pending quashing.

4. Yes he will have to take permission of court before going and also work visa issues pending the cases

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  If she is unemployed and no independent income to sustain her expenses, as a legally wedded husband you are bound to maintain her, the court may pass suitable orders on the basis of the proven inciome at least to the extent of 25% of your take home income, you may not be able to avoid this.

 

2.You can use all those photographs as evidence for having led a happy maried life but that will not siolve the issue, this may come to your rescue only in the 498a case and not for the maintenance case.

 

3. You may wait for the charge sheet to be filed by the police in the trial court, after that you can file a quash petition before high court if there are merits in your side.

 

4. If there is a crimninal case pending against him he may not be able to travel abroad without the prermission of the concerned judicial magistrate court.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

you can rely upon said judgment that wife who is well qualified should not sit idle waiting for dole to be awarded by husband 

lay emphasis on her qualifications 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You may defend your interests in the manner guided by the settled laws, but you have to ensure that the circumstances prevalining in your side do have some relevance to the citations that you may rely upon.

If she is unemployed, then the court will discreetly grant her interim maintenance, hence do not be disappointed if the court is deciding against your interests.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

See you can use the judgement for your arguments though there are jusgements from other side too which says even wife qualified husband has to pay maintenance if not earning. So you can go ahead with the case and strongly contest.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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