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galsober@yahoo.co.in (def)     14 October 2010

DV Act & maintenance U/S 24

Husband & wife professionls, married 8yrs ago. Both earning almost equal amount. Husband submitted divorce petition on cruelty grounds. Wife in full revenge mode.

1) 406/498A complaint pending with police. Enquiry on. She has put all possible allegations on husband & family members. Left only daughter with husband.

2) On 1st Divorce hearing, submitted application U/S 24.

3) Under Sec12 of DV act 2005, asking for accommodation & money. Has made husband & his mother as respondents.

Other significant facts— Couple was residing at different rented house as a nuclear family when they separated. Now the husband rehabilitated the child at his mother’s place. Wife  went to her parents home & took ‘leave without pay’ from her job. No property is in the husband’s name.

Queries are:

1) She has inflated income of husband by saying that he gathers income from pvt. work also (she may also do the work if she needs more money!!!!). The point is – she has said she is on ‘leave without pay’ due to mental tension rendered by husband. (as if husband is not undergoing d/t all mess created by false 498A/406!!). In such case, do the courts follow some guidelines or maintenance is rule rather than exception’

2) Sec 24—Is the ‘issue’ of paying her money or ‘quantum’ of money going to be contested? Does it matter that the only daughter is staying with husband. He is paying rent for his shop also. Is it possible that no maintenance order is passed. How quick is court’s procedure in these cases?

3) She made mother in law as co- respondent, as property is in her name only. As far as I know, DV act cant be applied on females. How to handle these sec 5/20/22/12 of DV she has mentioned in her complaint.

4) Know little about Sec 125 CrPC. Is it also in pipeline for these ladies after SEC 24 & SEC 12 of DV act?

Kindly mention court rulings also if possible to emphasize the defense!

Thanks a lot in advance!



Learning

 5 Replies

chanakyam (Consultant)     14 October 2010

Hi Galsober,


I understand that 498a is not yet fiiled (no FIR).  First becareful on 498a, hire a good lawyer and ready with all weapons.  Gather all the information of your wife like her employment details, education details, salary slips and keep it with you, if possible bank account details, PAN details etc.   These details will help you in defencing your self against your wifes crpc125, hma 24 and etc.  Those details will definitely will help you.

First be ready for applying AB for 498a if its registered and immediately apply for the quash by going thru the facts in FIR or take appropriate decision at that time by discussing it with lawyer.  Keep all of your whereabouts details,regular actvivites becoz these evidences will be useful in countering 498a when she alleges anything wrong in FIR.

So best of luck.

adv. rajeev ( rajoo ) (practicing advocate)     14 October 2010

When wife is earning and has got independent income she cannot claim maintenance from the husband.  She can claim shelter .  Burden lies on the respondant tod prove the independent income of the petitioner, so if possible get the salary details of the wife, if not possible then call the documents from her office to prove her income.

Regarding 498A I agree with Chanakyam. 

Another important thing about the jurisdiction.  Let me where the DV act is filed and who has reported the DV act incidents the court I mean protection officer. 

swatirswatir (learning law)     14 October 2010

if wife has even 1/3 income of husband as proved and there are no child out of marriage , courts usually deny maintenance. if u really do pvt work u need to meet a lawyer to save urselfd from this charge. meety an expert honest and crook adv fast.


(Guest)

manage IO, tell him /her all facts. which state u r?

whu applied for divorce? u or her

join siff to give her a mental treatment.

galsober@yahoo.co.in (def)     15 October 2010

Hi all!

Thanks 4 prompt replies. But my humble request is to post replies point-wise so that important apprehensions are addressed. I am posting more details here:

She herself admitted that she works with Govt Deptt on contract basis. BUT SHE IS ON "LEAVE WITHOUT PAY" DUE TO MENTAL STRESS RENDERED UPON HER BY HUSBAND AS HE HAS SUBMITTED DIVORCE PETIOTION UPON INNOCENT WIFE. She has mentioned her salary as 20k & inflated husbands as 50k.

Submitted DV act petition at husbands city where divorce case is already on by husband.

498 A/ 406 application with police at her parents city.

She n her lawyer has reported dv incidance to court.

Though she herself threw away the daughter to husband, now she tells that husband does not allow her to meet her & threatens 2 kill also!!

One of my new query is -- What is the exact use of DV act and CrPC 125 for such b*tches? Are there chances that she may also file CrPC 125 in near future? Can sec 24, DV act sec 12 and CrPC 125 run togather against man?


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