• False 498 and 406

Married fr 17 yrs no issue ,living separaely since 2008,lived earlier in father in laws house only,filed divorce in 2014 ,interim maintainence to be decided ,now she files 498 406  after 17 yrs ,caw cell gv a call to me .reason for divorce was her affair wth an nfluential doctor.names of me mom my bro my sis  bro in law sis in law.what to do.
Asked 5 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
Dear Querist
My opinion on your queries are as under:

1. If mediation has been failed in CAW Cell then it may be possible that the matter will refer to DCP for registration of FIR, iT will be better to file an anticipatory Bail before Session Court u/s 438 of Cr.P.C and get the Anticipatory bail or at-least Notice Bail for all, after that fight the case on merit.

2. It may be possible but based on the complaint filed by the Wife, after the Anticipatory Bail or Notice bail, the chances of Search and Seizure operation are very low and the case of complainant will be week.

3. If she is able to maintain herself and earn more then you then application U/s 24 of HMA is not maintainable in the eyes of law, file your reply along with her income proof, if available  and raise your objection regarding the maintainability of the application.
the reliefs are available U/s 24 of HMA or Maintenance petition u/s 125 of Cr.P.C for those who are unsble to maintain herself/himself and not for those who are able to maintain herself or himself.
 
Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
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1)apply for Anticipatory Bail if wife has filed false 498A case 

2) if wife is having an affair with doctor gather evidence and file case of adultery against doctor under section 497 of IPC
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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police  would search the matrimonial home to find out whether her streedhan is in said house or not 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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if wife is highly qualified and earning more than you she is not entitled to alimony 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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you should in your statement mention that after marriage you resided with wife at her residence . 

2) all her streedhan is in her possession 

3) wife kicked you out of your matrimonial home 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Dear Querist
As you are residing with her in her House then she can not claim streedhan because it may be presume that all her Streedhan is with her and not with any other person bacause the husband left his family and reside with her in her house.

Feel free to Call  
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
If the FIR has been filed then all the accused should immediately apply for and obtain anticipatory bail so that they do have to suffer the ignominy of arrest and detention. Police is at liberty to make a search to seize her stridhan. 
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
Section 24 is maintainable even if the marriage has not been consummated and she is earning more than you. 
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
The CAW cell has informed you about the complaint and asked you to attend the inquiry sessions.
Better appear before them and inform that the divorce case is already going on and that you both have been living separately since 2008 hence there is no such incidence at all in the last eights years, her present complaint is nothing but a high handed criminally motivated one to put pressure on you to accept her adulterous life or at least not to be bothered about her life style.
You can give proper explanations, which the CAW police will understand and may warn her without registering any FIR.  
Despite the explanation if the CAW police are bent upon registering FIR or any legal action, then all you can obtain AB first and then challenge her false cases accordingly. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
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also would police make  a search n seizure operation for streedan and can it search the streedhan at matrimonial house or any where .caw cell mediation has failed.marriage is unconsummated and separation is accepted in her ws.

The police cannot make a search for the articles without a court order, they may give her list to you which you may tick it comparing the items available in your possession and agree to return.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
IF marriage is unconsummated and she s earning more than me as seen in income affidavit statement submitted by her  and me,is section 24 hma maintainable.

What do you mean by marriage not consummated?

Have you not had sexual intercourse with her all through your 17 years of married life with her?

It is astonishing or whether you wanted to say that since there is no child born out of your relationship you mean to say that the marriage has not been consummated?

Whatever it is, during the consistency of your marriage it is pertinent to maintain her hence an interim maintenance may be granted to her if she applies for it.

However if it is proved that she earns more than you then you may apply for interim maintenance to maintain the standard of the life in comparison to that of her life style.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
I was living in my wife house since marriage and left when i was told to do that and now ,does now her claim of streedhan sustains ,marriage 17 yrs old ,8 years of separation till now (admitted )by her .all the streedhan always was with her at her house where we used to live what to do

You can in your affidavit and in the counter can mention everything and can claim innocence of her claim.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Dear Concerned,

Kindly confirm whether an FIR has been registered or not. Assuming that FIR has not been registered be present for all  the CAW cell meetings and present your side of the story to the CAW cell. Mental or physical cruelty and criminal breach of trust does not seem to be an issue here. Hence, names of your relatives should be taken off from the investigation.
It is suggested to file an application in your divorce case to fast track the proceedings as your wife has filed false 498 against you and your family. 
Please feel free to contact our offices through google contacts for free consulting on your matter.

Best of Luck-Stay blessed.
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0

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