Welcome Forums Advice 498A 125-Maintainence

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    • #174


      My brother is a govt employee, a false 498A was filed against my parents and brother both were jailed. My brother was also suspended for 1 year as he had spent 48 hrs in jail. With god’s grace suspension is revoked and he is back to work.

      Though there is lot of agony to share but now we need advice on the following

      She is applied for divorce. She is asking for maintenance of 6 lakhs (lumpsum) (intially had asked for 20 lakhs ) or 5,000 per month.(initially she had asked for 15,000 Per month)

      status: No children and she had lived with us only for 6months.

      We are not interested even giving a penny to her for all the humiliation we have gone through .This is communicated through court mediation sessions held and we are ready to fight the 498A case.

      During the mediation session the director suggested us an option of taking mutual consent divorce if they(girl’s side) agree to without giving any maintenance at the time of divorce But later she would file 125 for maintenance and we can counter file some case (that we are not aware of at present) as to not give maintenance

      Question is:

      1. Should we go for a mutual consent divorce (as 498A is still pending) ? does going for a mutual consent divorce quash 498a ? The concern here is we don’t want to end up paying any money to her if she files 125

      2. And what is this Law 125-At present we have no understanding of this law.

      Plz adviceon how to go about.



    • #1148

      Dear friend,

      If you are going for mutual consent divorce, whether she will be ready to withdraw 498(a), case & waive her right of maintainance, then it will be better, otherwise, no use, because of divorce your brother , may remarry & tht girl also.

      think & decide.

    • #1149

      If you counter 498a and win you can use that as a cruelty. and also can prove that she walked away herself and harassed you.

      there are judgments where qualified/working/capable and wife who desert husband will not get alimony.

      Chekc here http://mynation.net/docs/

    • #1150

      Hi all,

      Thanks for your inputs.

      We have couple of more questions.

      1. This is a hypothetical question assuming she withdraws 498a and agrees for mutual consent divorce but does not waive of maintainence.Should we go ahead with it. And if she files CrPC 125 we could counter file CrPC 125. what are the chances of winning this ?

      2. If we counter 498a and win the case, and then we apply for divorce ,are the chances brighter for no maintainence ?

      3.In the police complaint she is mentioned that she is earning Rs 5000 per month and in the FIR occupation column its mentioned that she is employed, but in the divorce petition she is mentioned that she quit the job.Would these documents be accepted as proof for her being an employee. plz advice us on how to carry forward the case.

      4. What is the procedure to withdraw 498a. Who should legally initiate this ?

      Thanks & Regards


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