Interim maintenance & shridhan in domastic violence act
rupeshgangurde
(Querist) 08 February 2015
This query is : Resolved
R/sir,
she had file DV case along with Crpc. 125 case after filing IPC 498 & 376 case against me. I had win Crpc case as well Divorce petition on merits, in which Judge continue her maintenance under section 25 of Hindu marriage act. on this decree she has taken a stay. then after 5 years she completed LLB & now file interim application to order to draw shridhan, but the things she rout, which are not given to me, as well all jewellery she had taken with her when she left my home without intimation.
hence request that please tell me the case law that can elaborate that, No interim order can be passed until & unless matter is not heard & demanded things has to be proved.
P. Venu
(Expert) 08 February 2015
Since she has filed the application for stridhan, onus rests with her to prove her pleadings. No interim order is possible in this case if you content that nothing is in your custody.
Case law is no magic wand in a case where facts are crucial.
Dr J C Vashista
(Expert) 08 February 2015
@ Rupesh,
How many problems/queries in one go, are these real ones or hypothetical.
As per your version "she has file DV case along with CrPC 125 case after filing IPC 498 & 376 case against me. I had win Crpc case as well Divorce petition on merits, under which judge continue her maintenance under section 25 of Hindu Marriage Act...." The statements made by you are contradicting and confusing, you are required to clarify.
Otherwise, what does your lawyer say? You have posted this query to recheck (FREE OF COST) with the experts on this platform, isn't it?
Dr J C Vashista
(Expert) 08 February 2015
@ Rupesh,
How many problems/queries in one go, are these real ones or hypothetical?
As per your version "she has file DV case along with CrPC 125 case after filing IPC 498 & 376 case against me. I had win Crpc case as well Divorce petition on merits, under which judge continue her maintenance under section 25 of Hindu Marriage Act...." The statements made by you are contradicting and confusing, you are required to clarify.
Otherwise, what does your lawyer say? You have posted this query to recheck (FREE OF COST) with the experts on this platform, isn't it?
Devajyoti Barman
(Expert) 08 February 2015
If this repeated one then no reply from my end.
Rajendra K Goyal
(Expert) 08 February 2015
Case law is not provided in this section. Defend on merits.
rupeshgangurde
(Querist) 08 February 2015
thank you shri P. Venu sir.
Respected Dr. J C Vashista sir, Judge asked us why he should not make interim order, my layer get confused to how to convenes him. hence I posted this query to get help. this site provide free chatting, if it will charge any thing I do agree because you all peoples really help the peoples like me. You all are social well wishers.
thanking you.
ajay sethi
(Expert) 08 February 2015
you have to file your reply to IA . mention that wife has taken all her streedhan when she left her matrimonial home .
Dr J C Vashista
(Expert) 08 February 2015
I agree with the Judge as the court has no option but to make order on the application that too in favour of applicant despite the reply being filed by the respondent stating she has taken her stridhan when she left.
T. Kalaiselvan, Advocate
(Expert) 09 February 2015
She appears to have filed an IA seeking interim relief, you may give a proper counter to that IA and challenge her claim properly. The onus to prove that the articles are lying with you is on her. Be in touch with your lawyer.
Biswanath Roy
(Expert) 12 February 2015
In present days when wife leaves matrimonial place and goes to paternal house a husband normally lodge a diary in the local Police Station stating that his wife left his home and went to her paternal house by taking all of her stridhan, jewellery and all other personal belongings. If you have already lodged such a diary , you need not to be worried for otherwise wait till she discharge her burden for proving such material fact according to Law of Evidence.
