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Zameer   04 October 2017

False dv,498a

Dear All,

I am from Mumbai and I am victim of false 498a/406/34/506/323 along with my family. I have documentary evidences of each allegation, hence moved for quash and FIR quashing in process in Mumbai high court, argument will happen this month. I have enough proof of this being a prima facie case.Chargesheet not filed even after 9 months. My wife filed false DV (Feb2017) on me/family with content similar as FIR (NOV 2016) and have requested benefits as per DV sections like (Rent, Interim,medical). I have three properties on my name. I earn salary in six digits and have liabilities like multiple EMIs and my parents which consumes my 85% salary. Wife currently earns around 20k. Though she mentioned she is unable to maintain herself in DV, She is just housewife and being jobless during filing of DV application. She is highly qualifed i.e MBA. I am aware about where she works and have collected her PF statement from PF dept via RTI which validates that her claim is fake.She lied during submiision of DV application. She also mentioned I denied her responsibility during mediation hence she should be granted maintenance. We have mediation report where police report mentions Husband ready to keep his wife. Still she has submitted false arguments. Hence I have booked her for perjury and submitted perjury application.
My questions are

1) Will she be granted Interim maintenance as she came to court with unclean hands?
2) What would be impact on property as I stay in one of the property (Thane) and other properties located far away in the city? ( In nasik), She gets HRA as well. Will court consider it?
3) She gets medical as well in her salary, Court will consider that?
4) I am still ready to keep her. What stand court will take considering law abuse process by Wife?
5) Recenltly she attempted to hack into my sister's Income tax and facebook account to sneak in Form16 and other her personal detail. We got notified by email alert and we raised this with Cyber cell.
6) Police station still not registering complaint of Cyber crime. Currently My sister moved to Europe for couple of months so wanted to know If I file private complaint on behalf of her (My sister). If yes, what is the process?
7) Can DV gets quashed in Mumbai High court? if Yes, what is process?
8) What parameters will be considered by court while granting Interim to highly qualified working wife who comes to court with unclean hands?
9) We have to file reply to her statement in DV in end of this month? When Interim argument will happen? What parameters court considers during Interim application decision? There are enough proofs that she was not subjected to cruelity and she came to court with unclean hands?


Learning

 2 Replies

Anamika Vichare (Practising Lawyer)     05 October 2017

If she is earning sufficient to maintain herself, she wont get mantenance  medical. do not worry

Right now no stake on your properties.    File your detailed say to her dv application

 

Bring truth on record....that is all

 

Anamika Vichare (Practising Lawyer)     05 October 2017

If she is earning sufficient to maintain herself, she wont get mantenance  medical. do not worry

Right now no stake on your properties.    File your detailed say to her dv application

 

Bring truth on record....that is all

 


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