Dear Advisors,
I would like to know few legal points.
Wife has put recovery application for pending maintenance in DV act case. I have not yet accepted the notice. Before her application I have appealed in district court against the said judgment, & have not taken any stay on this judgment.
In mean time I got a job outside India & joined the job. The address in the recovery application is my home address where my parents are staying. My parents are returning the notice saying he does not stay here anymore & has quarreled with us & left the house. When I appealed in district court I was unemployed, after that I got the job offer. Neither the court not my wife know that I am outside India for employment.
My quarries are:-
1. If at any point my wife or the court understands that I am outside India & in one particular country, what legal steps the court can take to issue me the notice of recovery case in this country where I am presently residing, even then also I refuse to accept the notice.
2. My wife & her lawyer very well know that there cannot be double maintenance as maintenance is granted in 2 cases, one in DV act & other under section 125. When I have appealed in district court against both the cases & the court accepts my application & quashes the lower court judgment in DV act, what shall be the status of the recovery case? (Whether it will be automatically dismissed or is there some procedure to close it or whether the case will go on).
3. Can my wife apply for recovery of maintenance in the District court, after she gets notice, comes to court & appoints a lawyer, where I have appealed against the lower court judgment? (she has already applied for recovery in lower court, can she again apply in district court keeping the lower court application live).
Sagar
