Dv act / transfer petition
Akash
(Querist) 20 November 2014
This query is : Resolved
Respected Experts,
My wife has filed Transfer Petition for my RCR case at Hyderabad to Ludhiana in Supreme Court.RCR decree and order have already been passed in my favour asking her to respond by certain date. I did not serve the decree/Order as she filed a false FIR 498A/406 against me and my parents.
Please advise on below :
a) Will the Supreme Court entertain her transfer petition even RCR case is over and decree/order passed in my favour?
b) She has demanded Rs 100000 under Section
20 & Rs 20000 / month as monthly maintainance .
Under Section 22, Rs 100000 for physical and mental torture and alternate Accomodation in shared household.
How can I defend this. If I prove she is qualified to work , will this reduce maintainance amount?
Please advise
Regards,
Akash
Devajyoti Barman
(Expert) 20 November 2014
1. If decree is passed then there is no question of transfer. Submit the decree in SC.
2. Ability to work of wife is no defence for husband. You have show your income which may not be enough to justify her claim. She is entitled to 1/3 to 1/5 of your income.
ajay sethi
(Expert) 20 November 2014
1) no transfer can be done if decree has already been passed by family court . inform SC of decree already being passed
2) i s your wife working or not . what are her qualifications . court generally awards 1/3rd of salary as maintenance
Rajendra K Goyal
(Expert) 20 November 2014
Agree with the expert Devajyoti Barman.
Akash
(Querist) 21 November 2014
Sir ,Thank You for the clarification.
She has mentioned Rs 60000 as my salary ( my salary is not even half of it)!...
She says I have no liability and my parents have property worth crore of rupees ( actually not)....
If Court Orders me to pay her maintainance ...It will NOT be Justice.... she files a false DV Case and court gives orders to pay her maintainance !!.... I AM LIABLE TO PAY MAINTAINANCE FOR MY CHILD ONLY IF REALLY JUSTICE NEEDS TO BE SECURED..........
She isn't working....Has Done General Nursing and Medicine Diploma... Still court will grant 1/3 or 1/5 Maintainance ?
Please advise
Devajyoti Barman
(Expert) 21 November 2014
If she is unemployed then you are liable for maintenance.
Maintenance amount varies from 1/3 to 1/5th of your income which is established in court.
ajay sethi
(Expert) 21 November 2014
you have to produce your salary slips to show your income . file your income tax returns for last 3 years . court wont go by your wife statement as to your income
ajay sethi
(Expert) 21 November 2014
court may award you 1/3rd income . was your wife in the past?
advocate Avdhesh chaudhary
(Expert) 21 November 2014
you may file your salary slip with liabilities on you like parents maitenance or loan etc. so as to reduce maintenance by court. you may also file divorce on bases of RCR decree. for brief call 09891507137
T. Kalaiselvan, Advocate
(Expert) 24 November 2014
Firstly her transfer petition before supreme court will become infructuous if you file the decree informing the court that the trial court has already passed a decree on the referred case to which a transfer is sought now.
About challenging her maintenance application in DV case, you can challenge the same by producing the salary slips, ITR and other relevant details and to further repudiate her claim, you may take a stand that she is well qualified and eligible for earning through her professional qualification, you may have a chance for a lesser maintenance award against you. Take the help of your lawyer on further issues.
Akash
(Querist) 26 November 2014
Dear Experts, Thank You for the advice.
Is it really necessary to get a lawyer in this matter?
How long will this go...I mean how many hearings in SC
I got a letter from Registrar to file an affidavit and then appear on the date.. what kind of arguments can the opposite lawyer place if I appear personally? ..... I am asking coz I was told SC has a different procedure....
Please advise
Devajyoti Barman
(Expert) 30 November 2014
Fighting a case requires a lawyer for proper result.
Engage a lawyer for SC also who would advise you on these issues.
