Legal Question in Family Law in India
i m a physically handicapped man, (age 30yrs). recently my wife (age 21) went to home and after 7 days she lodged a complaint on me stating that i along with my mother had harassed her physically and mentally for dowry. actually i m getting 70k salary per month. but she complained that she is being harassed for 50k since 2 years. police booked a case under section 498A. but during investigation police came to know that my mother has no involvement as she never lived with me after my marriage. they arrested only me and set to remand. i got bail now. on the last day when my wife spent with me, she intentionally had a quarrel with maid in my house, and i tried to pacify my wife because i know the morality is at maid side. i m physically not fit to harass my wife physically. i have only one evidence of maid at my side to prove that i had not harassed my wife mentally. can i able to win this case? may be soon my wife will file a divorce petition and demand alimony and maintenance. i tried a lot to settle the issue by elders, but they refused because they are expecting huge ransom.since i m earning good salary, their intention is to mainly get good ransom which i cant afford. how to deal with the case?
2 Answers from Attorneys
Sec 498A is nothing but a harrassive tactics by wives; if you defend yourself properly, nothing is going to come out of it.
As a matter of strategy, you should preempt your wife by filing the divorce suit against her on grounds of cruelty; this could also be a good defense for you.
As regards maintenance and alimony; your being handicapped will help you in lessening the amount which may be fixed by court
Your maid's testimony may be very useful for your defence.
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