Domestic voilence
trumit sumaria
(Querist) 06 October 2014
This query is : Resolved
1.my wife has filed a false dv case on me and 5 other members of my family.
2.she then filed 498a on me and 8 other members of my family.
3.she then filed stay on my flat which is in joint ownership with my bro.
4.she filed cancellation of anticipatory bail on 2 of us.
5.I filed child custody on her as she is not allowing me to meet my daughter from 2 yrs.
6.I filed one more case on her u/s156(3) of crpc.
7.now I am attending only court dates all the time.
8.My boss is terrible depressed with me that I am not in office half the time he is paying me only 3500/- p.m.
9.the court has ordered an interim maintainence of 5000/- p.m.
10.I want to appeal in the session court to reduce the maintainence but
11. I want to know weather I can go to high court and get all cases finalised in oe bench itself.
PLZ ADVICE>
Nadeem Qureshi
(Expert) 06 October 2014
you may file an appeal before session court within one month from the order as per section 29 of Domestic Violence act.
trumit sumaria
(Querist) 07 October 2014
the court dint inform us that the order has been passed. We got the information after 2 months from other sources.
Nadeem Qureshi
(Expert) 07 October 2014
if this is an ex-party order then file an application u/s 25 of Domestic Violence Act 2005 before the trial court and pray for set aside the ex-party order.
if the court reject your application then file an appeal within one month as mentioned in section 29 of D.V. Act.
trumit sumaria
(Querist) 07 October 2014
can maintenance be decided on my past income or is it only on my present income. I used to pay I.T. till 2010. but then incurred loss and joined job. so on what basis is maintenance decided.
