filed 24 HMA
Vishal jain
(Querist) 29 July 2009
This query is : Resolved
Hello,
I am having a matrimonial dispute with my wife for the past 2.5 yrs. She is living with her parents. She has been residing with me for almost 60 days(2 mths) only.
After 9 months of marriage, She has filed several case against me as 498a,406, Domestic violence, Section 3 (Dowry provision act). She also file CrPC 125 on me for the grant of maintenance.
Now, I have filed a divorce petition against her. For which, she has given the application for maintenance under Section 24 HMA, which is as follows the main points are:-
1. That the marriage between the applicant/respondent and petitioner was solemnized on **/**/**** according to Hindu Rites and Ceremonies.
2. That the parents of the applicant/respondent gave more than what was asked/demanded as dowry by the petitioner and other family members.
3. That the petitioner is running his business in the name of M/s.************ at *******(address) and earning more then Rs. 1,00,000/- per month.
4. That the applicant is a housewife and does not earn anything being a domestic lady and is residing along with her parents thus needs at least Rs. 20,000/- to support her.
5. That to grant Rs. 22,000/- as litigation Expenses.
My Reply
For point 3. it is submitted that the non-applicant is doing a private job as salesman and earning 4000/-. It is further submitted that the non-applicant have switched off the business on **/**/**** (before 24HMA filed).
Dont you think that for point no 2 in the petition of 24 HMA, it is clearly accepted to supply of dowry. Whether Section 3 of dowry provision act can be fired on them as they are accepting in writing that they have given dowry.
What should I do now?
What should be my next move ?
What should I do to dismiss the above said 24 HMA peition
Some briefs facts are:-
1.I don't file Income tax return as I don't have this much earnings
2.I have taken a salary certificate from the employer(shop owner) for Rs.4000/- per month to prove my earnings
3. the girl has not attached any document/annexures to support her statement from which she can prove that I am in business and earning in lakhs (as claimed by her).
4. can I prove that she is earning from home as she is having a boutique running from her house.
5.Somehow I have managed to get her visiting card of her Boutique.
6.She is B.sc graduate, which she has not disclosed in her application. Means she has not come in the court with clean hands. Whereas, I can prove that she is B.sc graduate as I a documentry prove.
7. Now she is doing LLb 2nd year from CCs University, Meerut
8. Recently I came to know that she is a income tax assessee and file her return also.(but don't know how much)
After going all the points, please suggest me..what should I do.
Legal Fighter
(Expert) 29 July 2009
file a complaint citing certified copy of the said statement for lodging an FIR against them u/s 3 of DPA. moreover if they have filed some big and false list of Dowry/Stridhan articles, include sections 384, 385 and 389 of IPC for extortion and seek income tax details of ur inlaws.
for 24 hma, it will depend upon merits of the case. if there is no record of ur earnings, u can cite one Judgment of Delhi HC pronounced by Justice Shiv Nayaran Dhingra in the matter of Ritu Raj Kant Vs Anita on 25.07.2008. You can search this judgment in google or send me a personal mail to get a copy of the same.
Kiran Kumar
(Expert) 05 August 2009
sorry to say but Manish went quite aggressive in his reply.
complaint under Dowry Prohibition Act is fine but no case will be considered for the rest of the sections adviced.
as far as maintenance under S.24 is concerned, it will be decided keeping in view the amount being recieved in application under S.125 Cr.P.C.
rest all is a matter of evidence, the things will proceed as per the kind of evidence u and the other party would lead in the matter.
so for defences and other concrete advice visit ur lawyer for the reasons that we dont ve the complete documents in front.
