Re: DV Act 2005
Kartik dhar
(Querist) 21 April 2011
This query is : Resolved
Hello Xperts!
My wife intensionally left me and my family, and started residing with her parents. She took our daughter and our pet dog along with her.
Now she has filed a case under DV Act 2005, demanding monthly maintenance and housing.
I am very poor, I do not have anything to give her. Moreover I tried a lot to get her back home, but she does not want to come back. (Conversation Recorded by me.)
1. What are my options to settle this. She basically wants to settle scores. It was a love marriage and did not work out the way she wanted.
Please advise and throw some light here.
2. Also if I leave India and go some place else without her knowing... what are my options to safeguard myself and family?
URGENT!
M.Sheik Mohammed Ali
(Expert) 21 April 2011
she is filing a case on DV act, so she is could not ask maintenance, and she herself left from matrimonial home so she cannot rise to ask her house, in the DV act the court may order monetery relief or compensation, if she want to maintenance she file a case in CRPC 125 section, meantime you have conversation record put on as a evidence, if you want to live with her , immediately you file RCR case.
Kartik dhar
(Querist) 21 April 2011
Thankyou so much Mr. Ali,
What if I am not in India and left India for work for 1 year. What can she do in such matter... My parents are there in India.. How can they protect themselves...?
Much Much appreciated!!!
SHYAMSUNDAR
(Expert) 21 April 2011
Leaving India wont work as if she comes to know your address the summons of the case can be served even in foreign countries.
Your parents are in India in criminal proceeding the summons can be served on elder male member of the family in case she proceeds for maintenance.
You are all free to move to court and ask for restoration of conjugal rights where by court orders to stay together.
Kartik dhar
(Querist) 21 April 2011
They have already taken the AB.
Please advise me, if I am not in India and does not come back in India? what can she do ???
Kartik dhar
(Querist) 21 April 2011
She has no clue where I am... Nor anybody knows where is my location.... In such case what can she do...
Frankly, I have more important work to do than to play husband and wife forever....
Please advise.
