Domestic violence and section 125
Singh_1984
(Querist) 12 January 2015
This query is : Resolved
Good morning honorable Experts !!!
After filing 498A on me , my wife now filed DV ( Domestic Violence ) case and section 125 Case on me .
In DV case she has narrated the DV incident and at the end she says- " Considering the facts mentioned above in the DV incident , as DIR we now seek
remedies like maintenance , lumpsum amount for doing domestic violence BLAH BLAH ...."
My Questions to Experts are:
1>Can She directly File the DV case in the court like we file Divorce case - or Does DV case first have to be investigated by some authority like Police which Should submit DIR first and then the applicant can file DV case in court ?
2> I reside in CITY1.
Marriage also happened in CITY 1.
My Wives Parents RESIDE in CITY 2
My Wife is working in CITY 3 and resides in either City 3 or sometimes in City 1
In DV case whch my wife had filed- she has LIED that Marriage happened in CITY 2 ( Marriage actuallly took place in CITY 1) and had filed the DV case
in her Parent's City i.e CITY 2 .
Questions :
A > Can we get the DV case transferred to CITY 1. If yes , do we have any judgement on the jurisdiction in DV cases ??
B> Since my Wife has LIED about location of Marriage , what else can do against her ?
C> Can we make section 156(3) applicable anywhere in this ? if yes HOW ?
3> My wife is working and earns about Rs 15000/- PM. In the DV case she LIED that she earns about 10,000 PM and hence she needs more money as Maintenance for her daily needs. Since she LIED in DV case she filed . HOW can we go about it ? What can we do against her so that her demand for
maintenance gets rejected ?
4> My wife demands Monthly maintenance and Rent for the Room. Since She has Filed the CASE in City 2 , she lives in CITY 3 on RENT , does judge have jurisdiction to PASS an order to give her RENT , where in we have COURT in CITY 3 also??
5> In DV case Wife says " marriage was not Consummated " , whereas in Section 125 Case she says "Marriage was Consummated ". Can we give reference of one case INTO another case to show judge that she is LYING and contradicts her own Statements ?
Request all the experts to give answers Point wise only which would really help.
Thanks
ajay sethi
(Expert) 12 January 2015
wife can file DV case directly in court
court will not transfer DV case . wife convenience is taken into account . in your reply you can state that wife has made fals e statement on oath that marriage was solemnised in city 2
you should produce evidence of wife income .ask her to produce her income tax returns . working wife is not entitled to maintenance
ajay sethi
(Expert) 12 January 2015
you can rely upon wife averments made in DV / 125 case to show that contradictory statements have been made on oath
Nadeem Qureshi
(Expert) 12 January 2015
Dear Querist
get certified copies of the case which pending before Family Court and file an application /complaint u/s 340 of Cr.P.c against her before magistrate court, based on that documents and contradiction.
the court may take action against her and held an inquiry regarding the truth, if the court find that there is false statement/evidence on oath then the court may prosecute her via sending the complaint to concerned magistrate and she will be punished for this.
Feel Free to Call
Rajendra K Goyal
(Expert) 12 January 2015
She can file case directly.
She can file case in city 2, her convenience is taken into account.
Normally Case would not be transferred in City 1 as her convenience is taken into account.
You can produce proofs of her income before the court.
Produce the fact and proof about place of marriage before the court.
Bring all contradictions of her statements made on oath before the court.
