Dva 2005
Querist :
Anonymous
(Querist) 04 October 2011
This query is : Resolved
Before case we lived in a rented house. we have a son of 3 yrs old. After that I have been send to my house by my father-in-law & they vacated the house. Now my wife is with her parents house. on 13th july thery filled a Dva on me and my family members. on 27.07.2011 I filled RCR on her. In next hearing she placed an Interim order for maintanance & dowry. On the next hearing on 26.08.2011 my lawer said to the judge that "it is a false case,my client is willing to live together" But while Judge asked her she denied. On in my RCR judge sent us for a counselling and in that she again said she doesn't like to live with me, she also told that she wants to secure my child from me as i am cruel. What should I do I like to be with her & more over it is a false case, now I am Job less as my certificates are with my father-in-law.
ajay sethi
(Expert) 04 October 2011
your liablity to pay maintenance dosent cease if you are jobless . it is well settled law that even if you a re jobless you have to maintain your wife and children .
quantum of maintenance may be lower but you are liable to pay maintenance .
if court passes RCR in your favour and she refuses to stay with you then after one year you can apply for divorce
you can issue legal notice to your father in law to return your certificates . why did you hand them over to your father in law is a million dollar question .
prabhakar singh
(Expert) 04 October 2011
Nothing more you can do than those suggested by Mr. Sethi.
Raj Kumar Makkad
(Expert) 04 October 2011
It is the desire from both sides to live together. Your wife cannot be forced to live with you even if your RCR case is decreed. Maximum if she keeps on violating this decree till one full year, you may seek divorce from her on this sole ground.
Shonee Kapoor
(Expert) 05 October 2011
Dear Brother,
RCR is a wastage of time and money, please read below my detailed analysis of RCR:
http://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp
Now for interim maintenance of wife and child, it would be rarely denied and in no case would be denied for the child.
Apply for duplicate certificates immediately as your FIL would deny him having your documents/ certificates.
Also seek for child visitation u/s 21 of PWDVA, 2005 and Sec 26 of HMA.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 05 October 2011
First I thank all of u for the legal advice, As I had committed an Suicide attempt in our last quarrel I have been admitted in a hospital at that time my all personal belongings were with my wife side & they didn't inform this to my family. After discharge they told my parents that let the two be separated for 1 month so that they know the importance of their relationships. After that they Put DVA 2005 without any warnings. I also asked certificates but he refused to give that. In DVA she reported that her 75poun Jewel is forcibly take by me & my parents which not true. Can she deny my child visitation u/s 21 of PWDVA, 2005 and Sec 26 of HMA rights.. If so in which circumstances.. As I still love them I am ready to pay maintenance, According to me this all happening only by my wife's father..
