• 498,125

Dear All
My wife has filed false 498 case and 313, I have filed case under section 9 , during mediation I agreed to bring to one of my home which is in Ballia, but she refused to go there,she wants to live with me only, but I cannot as I am studying, I only spent one month with her and that was horrible, the final chargesheet is still not submitted by police, In between she has filed a case of maintenance in which she shows that i am earning one lakh rupees , and she need 50000 for monthly maintenance , what step should I take to avoide maintenance, should i file a divorce case of wait till all the aligations are proved to be false.
Thanks regards
Asked 2 months ago in Family Law from Allahabad, Bihar
Religion: Hindu
You have already filed RCR case 

2) you cannot file for divorce  without withdrawing RCR case filed by you under section 9 of HMA 

3) you have to deny her allegations that you are earned by Rs one lakh a month 

4) file your  3 years income tax returns 

5) contest false 498A case on merits 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
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A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.
The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.

If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance. a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband.Contest 498A case .Show she earn money and educated .Only file the Divorce after getting remedy under RCR 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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1. Supreme Court has held that husband may have to beg or borrow but he has to maintain his wife. So in order to bring down your liability you will have to lead evidence to prove that you are unemployed.

2. To be able to apply for dissolution of marriage you are not required to wait till the conclusion of 488A.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
You cannot file divorce case to avoid paying her maintenance.

You cannot avoid taking her to the place where you reside.

You cannot dictate terms while you have been booked under 498A, she has an upper hand in it.

The best thing is to continue the RCR and inform court that you are always ready to take her back but it is she who voluntarily abandoned the matrimonial home and is not willing to return.

You have to fight out her false cases on merits in your side. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Dear Concerned, 

For Maintenance - you need to file a written statement mentioning that you are not employed and you are studying, and hence can not pay maintenance.

For HM 9 - as you have agreed to bring her home - you need to be sure as the woman who has filed a 498 against you can go to any extent and bringing her home is not advisable at all. 

Yes you should file a divorce on the basis of the false and fabricated 498 that she has filed against you also DO WITHDRAW you HM 9 before proceeeding on Divorce case.   

Best of Luck 
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
after charge sheet is filed in court you can apply for discharge before trial court if there is no evidence against you and your father 

2) in the  alternative based on legal advice you can file for quashing before HC 

3) or contest case before merits before trial court 

4) 498A cases take around 10 years to be disposed of before trial court 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
If the police is filing charge sheet before court, you may try to quash the same through high court by filing a petition under section 482 cr.p.c., you may contact your advocate on this.
If necessary you may even obtain AB to avoid arrest.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Apply for bail and then face the trial.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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