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Ankit Sharma (owner)     24 August 2012

Need a case file for reference

I have a question to all the lawyer friends here, need advice in "Protection of women against domestic violence". My brother's wife filed a case against him, the case is fake and she is asking for maintenance money. Now I studied the law and found "maintenance money is only given if the women can prove domestic violence has been done." I would like to know if there is any case file avilable where court has rejected the case (filed by girl) saying the case doesnt deserve maintenance or any money by husband.



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 4 Replies

Harish Malik (Advocate)     24 August 2012

Dear Sir,

She must have filed a separate application u/s 23 DV Act for fixation of interim maintenance (which can be decided only on the basis of her affidavit).  Only remedy available to you is if you can prima facie show the Hon'ble Court that she has come to Court with unclean hands and she is playing fraud upon court.

Ankit Sharma (owner)     24 August 2012

Hello Mr. Malik, Thanks for he reply. We are planning the same as you advised So that at-least we could reduce the amount of maintenance amount(cant help much as all laws seems to be in favor of girls). For the same if we would have a case file where court rejected the maintenance case by girl so that we can make our case strong with those case references. Thanks for your help and advice

Harish Malik (Advocate)     24 August 2012

Dear Sir,

Following are the citations on Unclean Hands, Suppression of material
facts, Fraud played upon court.
2003(8)SCC319
AIR1994SC853
2006(129)DLT14
2001(4)RAJ353 / 2001(7)AD(Del)347
2010(168)DLT47
2007(136)DLT44

1 Like

Ankit Sharma (owner)     26 August 2012

Hello Mr.Malik,

Thanks for the details. But I am not able to view or download any details as per your details from courts.

I am new to all this, I guess these are case numbers right? 

It possible for your to download for me send send me the PDF or any direct link.

I really appriciate your help till now

Thanks


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