Dv
sunnir
(Querist) 06 April 2014
This query is : Resolved
I got divorced by way of mutual agreement on stamp paper which was notarized in 2005 our marriage last for only 2 months after that we filed police complaints, litigations on each other etc.She has admitted customary divorce in various court.She is earning 40000 pm she has filed 498,and DV in 2010.she has withdrawn 20,22 but she asked for residence order u/s 19 and finally judge ordered 6k pm. Its been 9 years to our separation and divorce then also is she entitled to get money for residence.She is living with her parents and well settled but she said i will harass u whole life.i was remarried in 2013 which i admitted in my family suit to get declaration.How can i get rid of residence order?since it is almost 9 years of separation.Please reply thanks a lot brothers.
V R SHROFF
(Expert) 06 April 2014
Effect of 2005 DV act is prospective. Check date, and if you were not in domestic relationship when parted, you cannot be compelled to residence order.
Over and above, as her salary is sufficient to bear residence cost, she is not eligible to get it..
file APPEAL
ajay sethi
(Expert) 06 April 2014
1) your agreement on stamp paper for divorce is not valid .
2) you need a court order from family court for divorce .
3) you have mentioned your wife is earning Rs 40,000 per month . what is your income ?
4) if wife is working and well qualified court wont award maintenance .
5) you should have gone in appeal against said order . pointed out your wife income her qualifications . unless and until said order is set aside you would have to continue to pay her Rs 6,000 per month
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 April 2014
The order is illegal even under DV act but you have limitation to file appeal against it within thirty days so Sessions court.
If delayed can find ways against it but order can not be sustained in higher courts.
sunnir
(Querist) 06 April 2014
Actually she admitted in her cross examination that her salary is 15000 but its not true actual is 40k when my lawyer moved on application to cross examine her HR people then she withdrawn sec.20 and 22.Then my lawyer closed my evidence stage.She then gave application u/s 19 for residence.We applied to reopen our evidence but Magistrate denied our application.Can I request to add evidence in Sessions Appeal?,to bring HR ppl there.Judge have such powers?Please reply..i really thank you for taking time for me.God bless you all.
Devajyoti Barman
(Expert) 06 April 2014
Yes, you go to Revision case to reexamine the witness on income issue. It is very vital.
Revision lies within 90 days from the date of order passed. Even after this it is allowed of you could explain the delay.
