498a wife wants to come back , If i take measures like asking her to give affidavit that all cases filed were false and no dowry was ever demanded etc. can this help in making sure that I don't face false cases again in future or atleast help me fighht these false cases? She is a qualified BAMS doctor but not yet working anywhere. I am a PSU employee earning around 70000/month however i have started 20000 VPF contribution so that my salary slip net income shows around 50000. how much salary i earn should i mention before court 70000 or 50000 or can I skip mentioning it at all and let them figure out. Although salary slip shows all details of deductions and earnings etc. How much interim and final maintenance can i expect that court might give her under CRpc 125 or DV act etc.?
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1.The affidavit id done by her would protect you from the existing cases. But in future she can again bring such cases if fresh cause of action arises.
2.You can mention your income to be Rs.50,000/-
3.The interim maintenance is likely be around 20k.
You can on basis of settlement arrived at with wife apply for quashing of FIR
2) even if you obtain in writing that there has been no dowry harassment till date it does not bar you fromfiling case in future against you
3) your wife is highly quailed Ayurvedic doctor and can easily work and maintain herself
4) court can award her Rs 15000 as maintenance
If she wants to live with you then execute MOU with her and try to save this marriage, In MOU all conditions should be mentioned as both of you are agreed on that.
All cases can be withdrawn based on settlement and there is no need for fighting cases before court.
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1. No such affidavit would place an embargo on her right to file such cases in future as the right to initiate criminal proceedings cannot be taken away even by an agreement.
2. The VPF contribution will crop up in the salary slip. The net salary showing up in the salary slip will be considered by the court if she files for maintenance.
3. Interim and final maintenance is normally 1/3rd of the net income but it may be more or less depending on the peculiar facts and circumstances of the case.
If parents file Crpc 125 on me and court allows them maintenance (say 25000), will that help in reducing maintenance amount to wife?
You can take an undertaking from her stating that he will not indulge in future to lodge false cases on dowry demand or any other cases.
She can even give an undertaking to withdraw the false case lodged agaisnt yo or to cooperate with you for quashing the cases before high court.
As far as maintenance cases are concerned, you should not submit the salary slips. It becomes her duty to prove your income as per the salary or any other sources of income..
Let she file a petition before court seeking direction to your employer to produce the requisite details.
If parents file Crpc 125 on me and court allows them maintenance (say 25000), will that help in reducing maintenance amount to wife?
You can make a mention before the court about the liabilities you have to meet out of your salary while arguing the maintenance case filed by her.
court would consider maintenance amount payable by you to your parents while deciding maintenance payable to your wife
2) it would help in reducing maintenance amount payable to wife