Other cases after divorce
Rahul F
(Querist) 23 March 2014
This query is : Resolved
Hi,
Married in March 2008, I filed divorce petition under cruelty in mar 2009. My wife harassed me & my family all the possible ways by misusing law.. there are cases under DV act (filed by her in mar 2009), 498(filed by her in jun 2010) and under 31A(filed by her in Feb 2010). In DV case, by misleading court she got interim maintenance of 10,000 and kept extending matter till now. My application under 25 to cancel interim is also pending. Now in march 2014, my divorce petition is decreed with counter claim dismissed and no maintenance/alimony allowed.
1.Will the other court in DV case will consider this and canccel the interim order 2.What is possibility that she will still get the maintenance under DV act in Final order.
3.Any other suggestion or advise appreciated..
Thanks in advance.
V R SHROFF
(Expert) 23 March 2014
DV ORDER IS IRRESPECTIVE OF YOUR MARRIAGE/ DIVORCE..
SO THAT ORDER WILL CONTINUE.
Fight and get Final Order. remove misrepresentation, get order on merit..
Take advantage of any change of circumstances[ like her job, earning, re-marriage , your added liability if u marry, etc]
Rajendra K Goyal
(Expert) 23 March 2014
1. Interim order may not be effected till final orders.
2. Depends upon the merits and how you are able to plead about her job,earning etc.
3. Nil
ajay sethi
(Expert) 23 March 2014
agree with experts
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 March 2014
D V act being new many accused fail to take benefit of various loopholes still in the law.
First of all section 28 gives procedure of CRPC so first objection should be for issue of notice which is process even if it not called so by revision in SESSIONS COURT.
Second objection should be the jurisdiction and third limitation.
Section 27 defines jurisdiction and many times the complaint has many lapses and so is for limitation.
If the case is filed long after domestic relationship expired as per 2-f and hence the complainant is not aggrieved persons as per 2-a.
Even now you can explore these opportunities and claim any order is illegal whether interim or final.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 March 2014
D V act being new many accused fail to take benefit of various loopholes still in the law.
So instead of taking life long liabilities it is worth to exhaust all legal avenues available.
Please note that after the orders are passed by lower court than very rare possibility in revision so you must take benefit of earlier revision prior to orders are passed.
