Usage of sec 91 in a case filed under domestic violence act
GRK
(Querist) 27 January 2013
This query is : Resolved
Hi All,
I've been through a lot of domestic violence for the past 14 years and finally was thrown out of my house(literally!), after our son was put into a boarding school. I filed a case under DV Act. I am currently self-employed and as a start-up organization I really am trying hard to make ends meet. Now my husband has not paid the school fee and says that he has no source of income. An interim judgement was passed by the municipal court granting me a right to residence and a monthly maintenance of 10K for me and 5K for the child and the father has been directed to pay fees as an when it arises. He challenged it in the district court and it was dismissed. None of the interim judgements were implemented. During my trial in the municipal court, they grilled me with all sorts of questions that maligned my personal character and assaulted my dignity as a woman. But I went through all this with tears and was wondering what I've landed up in. After such a long trial session, they're now asking for my documents of income under Sec 91. I believe this is being done to delay the case, a) primarily because all my documents are at my matrimonial home and I dont have access to them...and b) if the court has to correspond with all the respective authorities then it is going to take time and delay the case even further. In the mean time the Respondent has filed a divorce petition in the family court and has even asked for maintenance from ME, saying that he is without income and that I being able to pay the fees of the child and being an entrepreneur, I am earning money in lakhs and lakhs of rupees and hence must pay the husband a maintenance. I find the whole thing completely draining on my body, mind and soul. Here I am living in my shared office in a small room without any of my personal possessions and whenever my son comes from school he stays with me in the same place and I am borrowing money everywhere to pay his boarding fees and still working hard to keep my life going, paying lawyers fees et al.. This is the background.
Can they ask for my income papers under Sec 91, especially since the DV act is meant to give speedy remedy to the woman and the case has already been dragging on for 18 months now...and I am still on the roads with no remedy.
Does it make sense to expect a woman not to earn money to live her life with dignity, considering that she has lost her roof and everything that she thought was her life? I have been honest and did say that I am trying to make a living, which is true... but how can that be cited as a reason for the Respondent to deny me my right to residence or his responsibility as a husband and a father to meet the financial needs of the family?
Will the courts penalize me by denying me my right to residence and maintenance, just because I am trying to make a living?
Please enlighten me with references to Sec 91 being denied in such circumstances. I need to quote these in my response. Kindly respond to me ASAP.
Thank you so much in advance.
ajay sethi
(Expert) 27 January 2013
if you are working and earning decemt oincome your husband is not bound to pay you maintemnace . court can direct you to produce your income tax returns to enable court to establish veracity of allegations made by your husband that you are earning in lakhs
ANIL KUMAR 8867907494
(Expert) 27 January 2013
Don't get offended application under section 91 is maintainable only if ur husband convince the court , u have every right to object it
GRK
(Querist) 27 January 2013
Thank you Mr.Ajay Sethi.
I have had less than taxable income in the last 5 years and hence have not filed IT returns. And all copies of returns prior to that are in my matrimonial home, which the Respondent has access to and he is not giving those documents, my educational certificates and experience certificates. Can you suggest any citations where a request for Sec 91 has been dismissed by the courts? That would be great help.
ajay sethi
(Expert) 27 January 2013
court will at most call upon you to furnish your last 3 years returns . you cna in reply to application state that your income is less than taxable limit .
GRK
(Querist) 27 January 2013
No, No, Sir...I was certainly not offended. I am thankful that you are being to the point and this is guiding me to accept my reality. Only for the purpose of objecting it, I want to phrase it properly and submit it. I am on my own in many ways...without much guidance or contradicting guidance, I am just groping in the dark. Your inputs will be most useful. Thank you.
GRK
(Querist) 27 January 2013
Can I call you? Where are you from? can you share your number, Mr.Sethi.
Thanks,
ajay sethi
(Expert) 27 January 2013
i am not a PRO member .
for free consultation call any PRO members .
GRK
(Querist) 27 January 2013
Oh! So what's a PRO? Well anyway, I thank you for your inputs and time, Mr.Sethi. Pls do pass on any link that I can refer for citations.
Rgds,
R.K Nanda
(Expert) 27 January 2013
search indiankanoon.com for citations.
GRK
(Querist) 27 January 2013
Thank you, Mr.Nanda. Will do that
Devajyoti Barman
(Expert) 27 January 2013
If there is great disparity between your income and that of your husband then you are entitled to maintenance as per income of your husband.
You are nevertheless entitled to maintenance of your child.
GRK
(Querist) 27 January 2013
Thank you Mr.Barman! My husband claims that he is unemployed and he is saying that I do not need maintenance because I am a start-up entrepreneur. Our shared household has been registered in his name. And he has some ancestral property in his name.
Instead of paying maintenance he is asking for maintenance from me! I am trying to make my living, no doubt. I'll be glad to rise up in life where I dont need anything from him, even for my child...but I am unable to accept the fact that this guy just beats me up all these years, creates a sense of fear in my own home, uses me up and my earnings all these years, drives me out of my home and then comes to the court and even suggests that he has no income and hence he can go free with no responsibility. How is this right? Can the law do nothing to such people? what kind of a protection is this to women? Forget about gender, Sir...I don't even have my basic human right of deserving my home and by basic right to live with dignity in my matrimonial home. How do I challenge these? I am unable to accept this as the malady of the system! I am sure, there is a way to position this case better and get justice for me and my son.
ANIL KUMAR 8867907494
(Expert) 27 January 2013
U have to make strategy to counter attack him for that discuss in detail with ur advocate and also initiate for execution of earlier court order
GRK
(Querist) 27 January 2013
Thank you Mr.Anil Kumar. Exactly! that was my view too...why is the interim judgment not being implemented? Why is the judge not insisting on implementing it? He was asking us to file a private complaint under Sec 25 crPc which my lawyer felt would be another process. The judge was suggesting that we proceed with the main case. Is this the right thing to do?
Devajyoti Barman
(Expert) 27 January 2013
You have to file Execution case to implement the order whereby the court may even pass warrant of arrest to force the husband make payment of the directed amount.
GRK
(Querist) 27 January 2013
Sure, Mr.Barman. I'll talk to my lawyer about this.
GRK
(Querist) 27 January 2013
Can any of you share a digital copy of an objection to Sec 91. I am just looking for the format and some key words. Will that be possible? Or will it be available in some link?
