Legal Question in Criminal Law in India

dear sir,

i am victim of false dowry case..my wife and inlaws are asking 1 cr of money frm me.since i stay out of india and can't come in a short notice they have put 3 cases against me and my family.

now through mahila court in delhi she is asking amount of 1.5 lakhs per month as maintenance suit.

i am working in gulf in a company and dont have that much money to pay her per month..there is a date of hearing next month.also they filed case in CAW cell at delhi for cruelty and torture.

please guide me if any way is there i can avoid this heavy maintenance suit and if any chance is there i can avoid the full maint suit.now she is staying with her parents and since she is the only child they are fully on her side..i am from a lower middle class family and my father is my dependent.he resides at india in villege.

can it be possible to aviod the maint suit as i know she will use my money to fight against me.

please help..


Asked on 10/26/10, 4:00 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

she has to prove that she is entitled for such a huge amount of maintenance. is there any child involved? when did you get married to her? you can defend yourself in your maintenance suit and other cases by hiring a lawyer in india. you just need to execute a power of attorney/vakalatnama and you may be defended here in india without your presence.

Read more
Answered on 10/27/10, 12:11 am
Vishwa Arya Arya & Co.

It is an unfortunate situation. Please note that courts do not go by the amount asked for. The court looks into the entire circumstances, your salary, the status before seperation, whether or not she left the matrimonial home on her own, the monthly expenditure before seperation, your liabilities on dependants. All these factors have some relevance in one form or the other. One needs to look into the factum of her earnings or her capacity to earn or whether at any stage was she working or not. So it is a matter of facts and differs from case to case.

Read more
Answered on 10/31/10, 7:09 am


Related Questions & Answers

More Criminal Law questions and answers in India