Legal Question in Criminal Law in India

My wife filed 498(a) case on december 2004 at that time i was working in abroad, before filing the dowry case i end my wife has setteled an agreement that i should pay 3000/rs per month for her expenses and 5000/rs for festivals as the agreement deed was done i followed according to the agreement and sending her 3000/rs every month for one year. after that she filed 498(a) including my parents, brothers,and my self in 2004 as soon as police came to my house my mother and brother was present and got bail since i was abroad at that time so my lawyer advised me to divorce her. so i send divorce to the qazi office. the qazi notified local news paper and send her divorce notification by registered post but she did not received it instead she changed her house. again she filed the maintenance case of my son as well as of her. according to muslim law i divorced her but she did not take the iddat amount so she claimed that she still my wife in maintenance case and the judgement also favoured her and passed the order that i should pay the maintenance every month of both my son and her 3000/rs meanwhile my mother filed a child custody case for my son in civil court during the case she also attend some paishees and still case is pending during this time she married with other man and she claimed still my wife in child custody case and appealed the judge i am not paying maintenance to her and my son after that i heard the rumours she left from india and setteled in some other country from her relatives and she is also not attending the child custody still the dowry case and child custody case is pending my father and mother attend both the cases since i have not taken the bail and the bail was still pending right know i am in abroad so please advice me what i have to do i want my son back meanwhile some rumours also came that her mother and brother also going to abroad and joining her so please suggest me i want my son back and i want to finish the cases


Asked on 12/07/09, 5:48 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

This forum cannot adequately solve your problem. You may consider engaging a lawyer to pursue your legal remedies.

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Answered on 12/07/09, 8:46 pm
Shrichand Nahar S.V.Nahar, Advocate

Since you had already agreed to pay Rs.3000/- per month, maintenance order does not hard you.

As far as criminal case is concerned, you can instruct your lawyer to proceed with the matter in your absence by seeking exemption. If you instruct suitably to your lawyer, you may hope to have case finished in couple of months.

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Answered on 12/08/09, 12:11 am


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