Legal Question in Family Law in India

dear sir,

i m currently working in indian air force aand my wife has filed 498a ie dowry and dv case against me. she also has filed 125 ie maintenance case on me and i have following questions to ask:

1. i m currently taking 30,000 per month as salary and i have no liabilities as my father and brother both are working so what maximum maintenance she can receive from me and also i have a daughter of 3 years currently living with my wife in her parental home.

2. if in case the dowry case is registered and warrwnt is issued on my name and i have to go to jail for a day or more then being a govt employee(specially in org like IAF)are there any chances that i might loose my job????

3. in these stress situation should i accept there(in laws) demands like leave my parents or should i fight this case as the allegations and the story that they have prescribed in their cases is totally false and baseless.please answer considering the financial lose that i will face during the whole process..

plz rply soon....really need in experts help,,,,,


Asked on 7/02/13, 11:30 am

4 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

in case you find that the allegations are false, you may choose to fight. otherwise can settle the matter amicably for the future of your daughter. as far as your job is concerned, it would be difficult for your wife to put you in the jail.

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Answered on 7/02/13, 9:06 pm
uttam Tibrewal

dear Sir....

for the future of ur daughter its better to settle the case amicably.... if you need to fight you can go ahead all is ur choise I shall help you the way you decide...

for any query mail me at [email protected]

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Answered on 7/03/13, 12:17 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. The maximum amount of maintenance, if your salary is your only income, could possibly be two third of your income, i.e. @Rs.20,000/- per month.

2. There is a chance that you may be "suspended", if you have to stay in "custody" for more than 48 hours.

3. It will be in the best interest of your family to settle the matter peacefully and do not prolong this dispute. Earlier you settle, better it would be. Try to buy peace and enjoy life with your family.

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Answered on 7/03/13, 4:37 am
KAMAL GROVER

1. The court may fix maintenance @8k to 10k, depends on expertise of your lawyer or may be save you from any maintenance.

2. Not to worry about false 498./ harassment case, you may get Anticipatory bail by hiring expert Advocate.

3. You should not leave your parents, instead you should gather the proof of their demand, as per latest law, if wife force you to live seprately from your parents, it amounts to cruelty and you can demand divorce on this ground also.

If they are ready to settle the dispute amicably with the conditions acceptable to both sides then you should go for settlement else it is better to fight and not lean before their illegal demands.

Good Luck

[email protected]

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Answered on 7/05/13, 1:56 am


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