The credit for this info goes to the original poster/researcher, a great guy and a true 498A warrior.
A Few Notes On Crpc 125
1. The code has dangerous implications – any wife (that includes divorced women) may file a petition for maintenance under CrPC 125. In the event that she doesn’t marry anyone, you are liable for her maintenance for the remainder of her life. You are liable no matter what, whether you pay or you don’t that’s your choice. If you don’t pay maintenance, the Order can go to execution resulting in a warrant against you and potentially Passport cancellation (Passport Act, 1967) – I repeat, passport cancellation – that DOES NOT mean you will be extradited – but it’s a concern nevertheless.
2. Divorced wife means – whether she lives in adultery doesnt affect her rights to maintenance – ONLY if she is capable of earning on her own (has a job) OR gets married – then you are off the hook. Or, you may get US or Canadian citizenship in which case the Indian law doesn’t affect you unless you land in India. Unpaid maintenance resulting in a warrant still remains valid within Indian jurisdiction.
3. Most importantly, US divorce – contested, uncontested, ex-parte, mutual consent, whatever… don’t matter in the case of CrPC 125……the Magistrate at the lower court, may upon his/her discretion, ignore the US court’s verdict. His call on “change of circumstances” is final… if the girl had a job in the US (legal or illegal) and she returns to India just for fun… that’s a change in fiscal circumstance and she may be entitled for maintenance u/s CrPC 125.
Even if you pay/settle in the U.S. or India – she may still claim and get more maintenance, if she has reasons – such as a medical need or any other life events that have changed her fiscal condition (she has blown all the money you had paid in permanent maintenance) .
No matter how fool proof your marital termination agreement here is, she can claim and get maintenance u/s CrPC 125. Monetary sanctions against a wife levied in the US has no impact in India as Indian law and judgments will be based on Indian public policy and socio-economic context.
4. The only silver lining is – if you can smoke her out in the U.S. to participate in a contested divorce, at least the divorce is valid in India.
5. Finally, marital misconduct in the U.S. such as restraining orders on wife’s or arrests of abusive wives may have some feeble impact, if any, on the “FINAL” maintenance order. As far as the interim “maintenance pendente lite” – court awards temporary maintenance based on prima facie assumption of truth on the girl’s petition and cursory review of preliminary facts.
Bad news huh? Well, I learned it/learning it the hard way.
This doesn’t mean however, that we shouldn’t fight – if your case has merits (or so you think) – keep fighting… the ONLY two prongs we have -
1. Lengthier procedure may frustrate the girl’s party
2. She may get married…Hope and pray that she gets married
In this gloom and doom, some rays of hope:
- Mumbai HC: Deserting without just Cause. No Maintenance
- THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate SideAmal Mukherjee
versus
Pranati Mukherjee & Anr.C.R.R. NO. 399 of 2007
In the case of Md. Jahangir Khan Vs. Mst. Manoara Bibi, reported in 1992 Cri L.J. 83, a Division Bench of our High Court held that the future salary not being a tangible corporeal property the same cannot be attached for recovery of the arrear maintenance.
- More to come…
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Dear Sirs,
Please advise on DVAct she has kept cases on all my Family members, ie., brother, Mother expired, two sisters and brother in laws who stays away from me from past 8 years.
In our groups i came to know in DV act women need not present in court against women and there are some judgements also kidly send me the same are give me advise.
My sisters should not present in the court.
K.Ratnakishore
9299158332
Ratna Kishore,
I gues, DV Act is ONLY APPLICABLE ON MALE ADULTS
i.e. Male person
and more than 18 years of age.
if your sisters name is in the case, goto HC and quash and join SIF, you will get a lot of help.
SIF is non-profit organisation and for any consultation, help or assitance its free….
it is because ALL members of SIF are one or otherway in your a-like position. and fighting for justice
Dont be afraid and fight.
Try arguing the case yourself its better. most lawyers cant argue or put forward your case. take exemption from appearing for anyone you want, courts are generally not very particular of personal appearance.
Secondly there is nothing to be afraid of facing DV cases, what i mean there is no immediate concern of arrest or the like unless u try not to adhere to anorder already passed.
just stay cool.
my wife file case 2006 in family court for maintence.she was x party n court oder pay 2000rs every month n i m paying now again she sue in the court for increment 20000rs every month.according to her my salary is 80000rs.but she does not ve any proof for mmy salary,even she does not know which company i m working.i m working abroad,my qualification is civil engineer,she can not proove whether i m working as a engineer.my question is whether she sue every year for incremental or not.for incremental whether it is required salary certificate or not.my father n mother is depend on me.i dont ve any assert in india.advice me second i want to keep with me but she refuse to stay my home.i want to give seprate house.i m ready to give all facility but i dont want to pay maintence.this time i m fighting case,so pls advise me what to do.
one thing i would like to mention she filed 498a case,this reson is enough to take maintence.i marred 1998 since now most of the time i m in abroad.she filed case in 2006 as soon as i came india.case is going on.every where she refused to stay with me.everywhere i m keep telling i will keep with my house.pls advise
I was married to Smt. Chanchal Sharma alias Mrs Uma Sharma through Marriage Bureau owned by one Shri Jagdish Mishra on 19th April, 2008 As per Hindu rites . This marriage was solemnized without dowry as per agreement duly signed by me.
On 12th March, 2009, I came to know from the ultrasound report
That my wife had twin pregnancy. As per medical report,
life of my wife was in danger due to double pregnancy
On 27th April, 2009 I came to know from medical report that one baby had already been damaged due to shortage of space. I got her admitted in Hospital, New Delhi
At that time when I was worried about precious life of my wife, but my in-laws started abusing and cursing me even in the hospital. They also threatened to kill me and they put all blame for her condition in the hospital. I paid all the medical expenses for her treatment to hospital in cash A copy of the hospital receipt is enclosed herewith for your Ready reference. On 3rd May, 2009 at 6.20 p.m my in-laws along with their relatives and anti-social elements came in 5-6 cars and started beating me and my old aged mother without any reasons. I also informed three times -06.25, 6.30 and 6.35 to Delhi Police through 100 when they were beating my old aged mother mercilessly (A statement written by my wife is enclosed herewith for your reference.
After one week I went to my in-laws house to take my wife with me in my own house as I loved her much and they promised me to send my wife at my house after 10 days.
I was shocled and surprised to receive a notice from Women Cell, on 25th May, 2009 wherein I was directed to attend their office on 4th June, 2009.
my wife file case in court for maintence.
Please help me
I was abused and hurt by my her mother and other relatives 4th June, 2009. My wife was demanding maintenance charges and alleged items of dowry.
Ashok, What kind of a person are you that when these people were beating up your mother, you were trying to call the police. Any person would have tried to counter to save the old lady and then call the police.
my wife file case in court for maintence.
Please help me
hi, i am from hyderabad india working in USA. i got married in Aug-008. recently my parents, younger brother and I became the victims of 498a. i filed annulment in Feb-2009 and my wife filed false 498a in Aug-2009. She did not sign the FIR. i heard FIR must be signed otherwise it is not valid. right now we all r on anticipatory bail. we have recently filed 498a quash in high court of AP. can someone please tell me whether we can quash 498a on the following grounds:
1. FIR – not signed
2. Annulment was filed in Feb-2009 and 498a was filed in Aug-2009.
i came to india in jan-2009, dropped her at her home (with her parents), filed for annulment in the family court in hyderabad and left to USA in Feb-2009. since then i did not contact her and she is living with her parents.
please help me and kindly send me 498a quash judgements if you have any on the above grounds. this wud be a great help. thank you so much in advance. my email id is chaithu45656@yahoo.com