PWDV case
Mkhan
(Querist) 07 May 2016
This query is : Resolved
Sir, My wife filed dv case on me and my mom. She is getting maintenance from 125 and with dv she has prayed for maintenance ND return of stridhan. Only told mental cruelty and for dowry she alleged. No date and time mentioned. And she is working Whr as in affidavit she said she is not working. I hav to give reply of that petition. What prelimnary Objectionals I should file. Can I file interrogatories. Plz help me
M n khan
P. Venu
(Expert) 07 May 2016
What are the suggestions of your advocate?
Rajendra K Goyal
(Expert) 07 May 2016
Collect all proofs of her employment, earning and bring on case file. Discuss in detail with your lawyer. Without referring full case file, any advice regarding objections is premature / may not be helpful.
S.Sankarasubramanian
(Expert) 07 May 2016
As a litigant you have every right to contest the case. Take proper advice from your advocate explaining your personal problems.
S.Sankarasubramanian,
advocate
Devajyoti Barman
(Expert) 07 May 2016
She is entitled to maintenance in both cases unless the court in DV case directs adjustment.
Dr J C Vashista
(Expert) 08 May 2016
Seek advise of your counsel qua amount of maintenance after contesting the case on merit with proof that she is working and not entitled for any maintenance.
Your lawyer may consider to file application u/s 340 cr. PC if you have proper evidence to prove the averment of your wife as "false" statement on oath (affidavit).