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Wife filed false 498A case twice, no money to pay compensation
28-Mar-2023 (In Criminal Law)
My wife filed false 498a and related cases two times and I am really surprised that police registered complaint both time without any evidence and judge accepted both the application. Both complaint were registered within one month period. It has been more than 2 years since i have lost my business and have no income since then. Even though my wife is qualified and is capable of earning but no court is not saying anything about that and put a burden on me of approx 6000+ Rs in two cases. Can someone help me on this?
Sir, it so appears that you have been directed to pay maintenance in two cases but two applications of 125 Cr.P.C. aren't maintainable but in two different proceeding, maint3 may be allowed twice but keeping in view the consolidated quantum and not only on the basis of speculation. Moreover the case under section 498-A, if deemed to be a continuing offence, can't invite double prosecution so there are fair opportunity of quashing of the subsequent FIR.
Adv. Piyush Shrivastava
Lucknow | 100+ Answers
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I'll file FIR QUASHING WRIT PETITION in the high court for the 2nd FIR immediately with all the evidences against your wife. This is very important for u. And burden of proof is yours that you will not pay 6000/- per month because of your economic condition.
Adv. Ankit Gupta
Lucknow | 400+ Answers
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In your case police has registered complaint and Judge has accepted both applications. You must first obtain Anticipatory Bail immediately otherwise you may be arrested . Woman cannot withdraw complaint or FIR u/s 498A . If the police have not filed a chargesheet yet, you can approach HC u/s sec 482 CrPC and request HC for Quashing the proceedings or stay of arrest. You will have to give maintainance regardless of outcome under 498A . Try to compromise and reconcile with your wife and in that case you can contact some Advocate resolving the entire matter through appropriate statements of your wife.
Adv. Kundan Singh Pathania
Vrindavan | 100+ Answers
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regarding your 2 cases you may file for seeking relief u/s 482 cr.p.c. before the hon'ble high court.
Adv. Ajai Behari Bajpai
Kanpur | 25+ Answers
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