Legal Question in Family Law in India

Re: maintaence -

You are not entitled to file a case against your wife; she is entitled to continue her maintainace case even if criminal case fails.

Re: maintaence -

maintainence and dowry harrasment are two different cases. so even if she has filed dowry harassment case she can claim maintaince against you

Re: maintaence -

Maintenance case and complaint under sec.498A,406 are two different proceedings. Wife has a legal right and remedy to file case of miantenance against you.

You can file criminal case against your wife if you prove the case filed by your wife under sec. 498A,406 is false. For furhter query contect me

Re: maintaence -

Even if the criminal case is proved false, that technically may not have a bearing on the maintanence case. However, where there is a finding in the judgment that the criminal case is false, you may prosecute your wife under section 211 of IPC (false complaint) and if the finding warrants you may also prosecute her for malicious prosecution and claim damages.

Re: maintaence -

Filing of false case by your wife has nothing to do with maintenance.You will not get advantage even if you prove that criminal case is false.After when criminal case is dismissed and you are acqited by the trial court or you proved the case false, you can file the case of defamation both civil and criminal.you may also approach High court for quashing of FIR as provided u/s.482 cr.p.c.Some details are required to be seen to sugest any advise.

Re: maintaence -

even if she has filed false case even then you may be asked for maintenance if she is not able to maintain status equal to yours.

both are different proceedings but you may file complaint for false allegations/case.

Re: maintaence -

If at the end of trial u/s 498A 406 you are found to be innocent then you can certainly go for criminal compliant, and can also file suit for compensation.

But u/s 125, there could not be any complaint as it is the right of wife to claim compensation from her husband. There is no crime in it, even though her motives may be ulterior.