• 498a and DVC

Married: May - 2013
Spouse came and joined with me : Dec- 2013
Left my house : April - 2014
Filed 498A/DV : September - 2014

Got married and after 7 months of wait she joined me. During this 7 months of period she harresed me that I should buy her cell phone with 10.000ruppes. she demanded that I should give money to her mom who is doing chit business. I refused to do all these. And then asked her first join me at my place since our marriage we are staying apart and not staying together even 
after marriage. checked with her relatives and wanted to talk to her dad but dad is not in contact he is under ground some where where my wife and her mother said there is no cell phone to him as there is no coverage where he is working as a contractor. with so much struggle my dad found his number and called him asked him to come immediately to meet him as her daughter is still
in his house and did not join me. Finally she came stayed for 3 months and said she need to go to her mom as she is not feeling well and need to do certain operation. she left and demanded me that I should come and take care of her mom. But surprisingly her dad is not at home and did not help her at the time of mother operation. Her dad is still some where working as a contractor and 
earning money. But she demands me to put leave and come to her place and stay and take care of her and mom. In the mean while my mom is not well and came to know from doctors that we had to perform operation for her back pain. So, I refused to go as I need to take care of my mom and also need to go to office and earn money for my self and my parents who are dependent on me.
She filed 498a case on me and I got arrested and came out on bail after 6 days of jailed ( went to jail for want reason???? Just because I did not do the above of her demands???) she kept all possible lies in her FIR saying she gave so much money at the time of marriage
which is 100% false. I did not take a penny from her I swear on my parents. Filed DVC on me now she is getting 16,000 every month.She lied to the court that she is not working but my lawyer proved by giving income tax documents that she is working. And still this cross examination is going on in court at the time of hearings. Mean time we are trying our best for mutual compromise
but came to know that wife wants to find solution from court and not willing to mutual compromise.
I filed divorce and also injection saying to give stay Oder from coming to my house. she even made threats that she will bring media and so on what ever to defame myself and my family. She even sent so many emails to my company HR about filing this criminal case on me.
My wife herself kept the company letter saying that she is on leave right now so, this proves that she did not resign but in court when my lawyer is asking her she mentioned that she resigned. And now from 3 months I am not paying the maintenance amount. But now I got memo that I am not paying I should pay the amount. But when she herself said she is on leave on her document and my lawyer also showed income tax papers of her but still judge is not happy??? is a big question mark for me. My lawyer says we should get the income tax papers with some company logo and some formalized papers then they will accept he said. So, that rule goes to Her as well right but they put all wrong gold bills which does not have VAT and also Numbers on the bills. She also gave printed copies of emails that she resigned to her job. But that email is not from her company email id and we don't see any reply from the HR. In meanwhile we are again trying our best to rid of this headache so, my father checked with couple of mediators to ask them what they are actually looking for. The reply I got we will get him jailed. so, my question 
My Questions:
1. Is it that easy for a comman person who doesn't fulfill her wishes will be behind bars because of this law? Who did not even did a single mistake? 
2. Can I put the maintenance amount in pending to pay her until we get the response from her as she lied to the court that she resigned but she did not.
3. Or Can I pay directly to the court and ask for stay order until I get correct answer from her as she herself submitted document stating that she is on leave.
Please advice and thanks for the answers.
Asked 1 year ago in Criminal Law from United States
Religion: Hindu
1. This 498A menace is over now. As per Supreme Court order, police will not make any arrest without conducting an investigation. Section 498A of CPC has completely lost its teeth now,

2. You are paying the maintenance amount as per Court order. You can not decide to stop its payment of your own with out court order. You shall have to file a petition before the Court for reviewing its decision or file an appeal before the appellate  court challenging the decision of the lower court. You can also file a perjury case for her lying before the Court,

3. You do not have to ask for any answer from her. You just bring to the notice of the Court as to what you found about her employment about which she had given false statement before the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0
1. Is it that easy for a comman person who doesn't fulfill her wishes will be behind bars because of this law? Who did not even did a single mistake? 
In the initial stage your case was not properly represented by your lawyer hence you were remanded and sent to jail, however you can contest and challenge her false case during trial. 


2. Can I put the maintenance amount in pending to pay her until we get the response from her as she lied to the court that she resigned but she did not.
Your advocate should take steps to call for the documentary evidence from the company about her employment and present status, a representative from her company should be summoned as witness through court proceedings to make the clear about her employment status.  She will get startled. 


3. Or Can I pay directly to the court and ask for stay order until I get correct answer from her as she herself submitted document stating that she is on leave.
In the application to summon her employer, you can seek stay of further payments until the matter is decided. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1. There is no point in pondering on this issue since that art is already gone and now attains philosophical discussion. Since law is there it is use and misuse come together.
2. No, you can not.
3. No you can not do this either.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
1. You went to jail because you did not exercise due diligence in the days leading up to the lodging of FIR and after the lodging of FIR. To put it more precisely, you did not apply for anticipatory bail.

2. The court has ordered you to pay the amount to her. You have to comply with the court order. If you are aggrieved by the order then you may challenge the order in the High Court. Cross examination is bound to be conducted.

3. You can, with the permission of court, deposit the amount in the court if she does not accept it. You may also seek a stay order from the High Court against the order of the lower court. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. Yes he can.

2. Your lawyer can oppose the request of your wife's counsel.

3. If the request for assisting the public prosecutor is turned down by the court it will imply that none other than the public prosecutor will be in the picture.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. Can the wife lawyer request court to be assistant for public prosecutor?
Yes, the defacto complainant can engage her own lawyer to assist prosecution by filing an application before the concerned court, but the lawyer has limited role to play, he cannot prosecute nor conduct trial, he can simply assist the public prosecutor by remaining silent during the proceedings of the  cae in the rial court. 


2. Can my lawyer request court not to accept the above question 1 ?
No he Cannot do so,because it is the right of the defacto complainant.



3. Can our lawyer request court only one can be there , either public prosecutors or there lawyer.
Dont create new rules on  your own.  The court will take care of the procedures to be followed as per  law.
Just  challenge  her case through your lawyer and do notbe worried about the external   things.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1. The case of 498A is between the state and the accused. Lawyers assist the Court to deliver Judgment and do not pray before the Court for direction to assist each other by Court order. Your wife;s lawyer is the observer here and can interfere and answer questions if asked by the Court,

2. If he asks the Court for permission to assist the P.P., then certainly your lawyer should strongly object to the said prayer,

3. Your lawyer need not forward such prayer since it is obvious that P.P. is the lawyer for the Govt. and wife is the default party being the complainant and his lawyer has no role to play here. However, your wife can file a W.P. before the High Court against police inaction and in that case her lawyer can appear, plead and argue before the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0

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