Interim maintenance under sec 23(2) of a false dv act
Guest
(Querist) 26 December 2018
This query is : Resolved
The OP ( 498a Vamp) has alledged a DV case against me n parents,.. with frivolous allegations and seeking interim maintenance of Rs 50k and also mentioned in WS that, I make a salary of Rs 1 Lakh pm which can be proved false by the solid evidence( form 26as and appointment letters etc ) I have, which rubbishes her claim. Since, she has not submitted an evidence affidavit claiming DV or anything till now...can I file a Perjury case against her Written Statement...The case has been going on for 2 years..the magistrate decides to give dates even when she is absent without a counsel...and her father representing her ( is that an option?) again without an counsel on numerous occasions.? What should be my next immediate step.. to get this interim maintenance case dismissed?
Vijay Raj Mahajan
(Expert) 27 December 2018
Jumping to conclusions and filling application for perjury even before any court order deciding the affidavit or statement on oath made in court as incorrect is a habit all youngsters have who are in litigation with their spouses.
If the trail court not deciding her application for interim maintenance, what your advocate is doing just charging you per date appearance in court?
The Session Court is the next court where you can move application against the JMIC for delay in deciding the DV matter even after 2 years have passed.
Guest
(Querist) 27 December 2018
Sir, Thank you for the input. Since, I have already filed my counter in court can I move another application seeking dismissal of the case at is has been pending? what info should be mentioned in the application ..previous sc or hc judgements ..does this clearly mean my counsel is not competent or has wantedly delayed the case...how does this work?
Guest
(Querist) 27 December 2018
I doubt if you are a real advocate or a Tout ? Even if you are ...You are just one of those who are in this profession for minting money...similar to my advocate...Assumptions made by you in your response, are proportionate to your class of experience in handling queries. I am glad i was able to find another "Kharcha Paani maangta hai" type of advice. Sadly, the Indian judiciary is full of touts of your caliber. First the judiciary has piles of cases to handle/dispose, and we have touts like you whose only goal is to make money. Gulp this with a handful of salt...Mr. Unpleased Cross Expert.!
Dr J C Vashista
(Expert) 28 December 2018
Mr. Anonymous,
1. The derogatory remarks for the response from an expert, wherein you are expecting FREE legal service, is disapproved and condemned.
2. You have already engaged an able, competent and intelligent counsel to contest the case(s) filed against you, what is his/her opinion and advise qua your questions?
3. Why do you seek second opinion on this platform, based on limited information provided in your post, except the fact that it is available free of cost.
4. You will appreciate the experts are obliging and guiding needy litigants at the cost of their valuable private / professional time, efforts and intellect.
5. If you have some reservations/ objection regarding response of any expert, it would have been prudent and appropriate to ignore.
6. An anonymous author must not (repeat NOT) expect any useful guidance and obligation of experts as per rule of this platform.
7.Please do not reply to my observation/ response.
Thanks and best wishes.
Nadeem Qureshi
(Expert) 15 March 2020
Dear Qureist
You should restrain yourself to make any remarks over the advice/opinion of the experts,
as per your information, at this stage, you may file an application under section 91 of Cr.P.C. read with section 106 of Indian Evidence Act-1872 and request to the court for a direction for filing detail affidavits from both the sides as directed by Delhi High Court in case of Kusum Sharma Vs Mahinder Sharma
she is bound to disclose her income, assets, bank details and expenditure.
if after filing the affidavit, you found that she is telling a lie or her statement on oath is false, then you may file an application cum complaint under section 340/195 of Cr.P.C. before the Trial Court.
For speedy Justice, you may approach to HIGH Court but session court has no power to direct the magistrate as advice by our expert.
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