- This topic has 8 replies, 4 voices, and was last updated 1 year, 5 months ago by
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UI’m facing multiple false cases in India related to a marriage that lasted barely three months, including **498A**, **CRPC 125**, and **Domestic Violence (DV)**. The demands for maintenance and DV compensation are quite high. I’m currently living abroad for work, while my family is in India. Thankfully, we haven’t faced any major issues so far—no summons, arrests, or mandatory court appearances, as my lawyer is handling all proceedings on my behalf.
Here’s the situation and my questions:
1. **Quashing the CRPC 125 Maintenance Case:** We’ve submitted certified copies of her **pre-marriage employment history** and her **educational qualifications**, clearly proving that she is capable, qualified, and eligible to earn and support herself. There are no kids, so she has no additional responsibilities. Will the court take this into consideration and quash the CRPC 125 maintenance case?
2. **Finding Her Employment and Living Status:** We have no information about her current **employment status** or **living situation**, as there’s no communication between us, and mutual relatives haven’t provided any updates. Is there a legal way to find this information?
3. **Quashing the FIR After One Year:** I haven’t yet filed a petition to quash the FIR in the High Court. Would it still be advisable to file for quashing now, even after a year has passed?
4. **DV Case Compensation Demand:** The DV case includes no request for interim maintenance but instead demands a **lump sum compensation amount**. How long do DV cases typically run in court? Should I intentionally stretch this case, or should I aim to get an order as soon as possible? Also, how common is it for courts to grant lump sum amounts in DV cases?
5. **Fighting Cases from Abroad vs. Returning to India:** I’m currently working abroad, while my family is in India. Should I move back to India to fight the cases in person, or is it okay to continue living abroad and handle the proceedings via my lawyer or virtual hearings?Any advice, legal insights, or personal experiences would be greatly appreciated.
Thank you for taking the time to read this.
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U1. If there is no significant difference in pays, then yes. If there is significant difference, you will be asked to pay something.
2. Ask for her pan number. Get IT returns in India. If you’re abroad, hire a pi. Get pictures/video. That should help.
3. Generally FIR is not quashed unless there’s no prima facie. They will wait for chargesheet. Work with the police. Get as many names off chargesheet. Then go for quashing/ discharge of chargesheet.
4. Dv cases run 2-4 years generally. There will be a trial. If end of the trial there’s no proof, you don’t have to pay unless as stated in 1. 1 and 4 are essentially same.
5. Give Poa to someone in India. As long as you’re abroad you have upper hand. Once you go to India, she will bribe police and pressurize you to her demands. You only have to go to 498a hearings since it’s criminal. Some courts allow video conferencing as well. Look at your court guidelines.NAL. Work with a lawyer.
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UThanks for your comment! Here’s what I can share:
1. There’s a significant pay difference between what I earn abroad and what she earned in India (her current financial situation is unknown). Even if I submit my finances adjusted using the PPP index, the difference remains substantial. Any tips on how to present this effectively in court? Also, if interim maintenance is granted and I don’t pay or return to India, what could happen legally in such a case?
2. I have her PAN and Aadhar numbers. Can I use this information to request her last three years’ IT returns through an RTI? Is it possible for a husband to file an RTI for this, and can it be done online? She’s definitely in India, so getting this info could be helpful.
3. The chargesheet has already been submitted, bail was granted, and the case is currently in the evidence stage. The FIR contains omnibus allegations with no specific details. No names were dropped from the chargesheet, and the court has said the trial should proceed based on the evidence.
4. The entire case is baseless, and I have some evidence to counter her allegations. In the DV case, she’s only demanded a lump sum compensation. Considering the pay difference, is it possible the court might still order me to pay something, even if I’m acquitted in this case?
5. I’ve already received court permission to attend hearings through VC if my presence is required, so I’m currently managing everything remotely.
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U1. Your lawyer will guide you on PPP and expenses. If interim maintenance is granted and you don’t pay, she will need to get an enforcement order. If you don’t comply, there will be an arrest warrant issued. If you don’t comply even after that, your ancestral properties maybe attached. Note: parents self acquired cannot be attached.
2. Yes you can request IT returns for last 3 years.
3. Well, if chargesheet was already filed, you can go for trial and at the same time request discharge of chargesheet at the high court. Ask your lawyer on how to proceed. Generally speaking, you get a stay for the trial in trial court and file for discharge of chargesheet in high court.
4. Dont worry about the compensation. They will ask $10 billion. You won’t end up paying that much. It’s intended to create pressure. Maintenance under crpc 125 and DV are the same. -
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UI’m not sure how to find a reliable detective in India, as I don’t have any contacts who can provide references for such services. Are detective or private investigator services even legit in India? I was considering hiring one to gather all past and present information about her and her family, but I’m unsure how to go about finding someone trustworthy. Any suggestions?
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Ea local chaiwala will do a pretty good job… just never give money all at once. initially in very small amounts. from there you can get to understand the next best move. search such a person not from the exact locality but a neighbouring locality. facebook search and ping will probably help your case. donot tell stranger all details in one go. it is same like searching for new bride and background checking before moving forward before marriage fixing.
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