Query regarding dv act
Vishal
(Querist) 21 November 2016
This query is : Resolved
Hon'ble Experts
I am facing case of DV Act in the case interim maintenance was rejected by court through below mention order
11.11.2015
Present : Complainant is absent.
Respondent along with counsel
On the last date, a last opportunity was granted to the complainant to file her income affidavit. Despite the directions the same is not filed. Several opportunities have already been granted for the said purpose, it appears that complainant does not require any interim relief, therefore, opportunity for filing the income affidavit is closed. List for PE. The complainant is directed to file evidence by way of affidavit with advance copy to the opposite side before the next date of hearing.
List for appearance of complainant /tendering and cross examination /PE 01.012.2015
But now on 18 nov 2016
She has filed her income affidavit.
My lawyer said that
it is for maintenance on final judgement.
but she will not able to get any maintenance at final if she will not able to prove domestic violence. IS IT CORRECT?
AND my second question is can she file income affidavit after opportunity is closed as mentioned in above order
Thanks and Regards
M V Gupta
(Expert) 22 November 2016
After opportunity for filing income affidavit it cannot be filed. Your lawyer should file objection in writing against the affidavit being taken on file. That the affidavit is filed for final judgement does not appear to be correct. However the statements contained in the affidavit should be seen for a final conclusion on this aspect.
