D v act 2005
Yogesh
(Querist) 30 November 2014
This query is : Resolved
WIFE FILED D V ACT CASE AFTER 7-9 YEARS. IS IT VALIED? AT THE SAME TIME SHE HAD ALREADY FILED 125 OF CRPC AND JUDGEMENT OF THE SAME HAS BEEN OUT AND IT IS TIME OF EXECUTION, MEAN WHILE SHE FILED 498 A AGAINST ME AND MY RELATIVE, AND JUDGMENT OF 498A IS IN MY FAVOUR. IS THERE ANY LIABLITY OF MAINTENANCE TO WIFE AND DAUGHTER FOR ME? EVEN IF THE SHE HAD FILED FALSE CASE OF 498A AND LOST.
PL. SUGGEST ME...
P. Venu
(Expert) 01 December 2014
False 498A case is sufficient ground for you to seek and get divorce. Anyhow, you are bound to maintenance to your daughter.
Devajyoti Barman
(Expert) 01 December 2014
Yes, acquittal of 498A case would help you to get divorce but not enough to avoid maintenance.
Rajendra K Goyal
(Expert) 01 December 2014
maintenance to your daughter is your liability. You can file case of divorce due to acquittal in 498A.
Nadeem Qureshi
(Expert) 01 December 2014
Dear Querist
Maintain your minor daughter is your liability.
if she filed the maintenance case on the based of 498A then she will not be entitle to get any maintenance from you but you have to prove before the court that she is able to maintain herself or she left your company without any reasonable & sufficient cause or she is living in adultery.
you may get divorce on the ground of cruelty for filing false cases against you and your relatives.
Feel Free to call
ajay sethi
(Expert) 01 December 2014
file for divorce on grounds of mental cruelty. number of judgements that filing false 498A case amounts to mental cruelty .you will however have to pay maintenance as per court orders
R.K Nanda
(Expert) 01 December 2014
agree with experts.
Yogesh
(Querist) 01 December 2014
Res. Sir,
Certainly i Have to pay for my daughter... there is no question for me. but i want to settle this matter also on the ground of one time settlement for daughter so that she can live well and welfare herself in good condition. is any liability on me of wife? as per DV ACT - we are not together since 2005 to till date. IS there any liability of wife under this section of DV ACt 2005..Hon. H.C. directed that the case should file in court with in a one year,from the date of seperation. Can I get relief under this DV ACT?
T. Kalaiselvan, Advocate
(Expert) 05 December 2014
You have to challenge her belated DV case appropriately before the trial court with the help of merits on your side as well as by challenging her belated after thought idea of file this case purely with an intention to harass you and to extract wrongful gains in the name of court case of pressure. Discuss with your lawyer and tackle the issue properly.
