Various cases
AMSARAJ.J
(Querist) 09 April 2015
This query is : Resolved
Respected Sir,
I required some clarification on my DV case with my wife:
The following are the short details about my all the cases:
1. Date of Marriage -28.8.98 -Female child born on 15.06.2000
2. Left the materimonial home on 6.4.2001 and till date living separately (child with her)
3. During 2003, I filed divorce case on the grounds of desertion in the family court.
4. Immediatly ,she filed RCR case and Maintanance case (125crpc) in other cout in her jurisdiction .
5. My case was trfd to her court and both the case were tried and comman judgment was given.
6. Her RCR case allowed and my divorce pettion disallowed during 2005 and maintance amount of Rs.2000/-pm was allowed , and subsequently it was confirmed by sessions court during 2007.
7. Further I gone for appeal to HC during 2009, after a gap of 2 years (Even though she has not established the RCR allowed in her favour during 2007 by sessions court) and not yet numbered till date.
8. As the per the maintance order I paid the monthly maintance amount up to Dec'2007.Thereafter,she has not collected the amount ,since she is earning by conduction computer centre in her home town.Now she is working in the govt office on daily wage basis from 2014.
9. During 2011, she filed DV case by saying filthy alligation pretating to the living period (28.8.98 to 6.4.2001) without out mention the specific date of incident in her affidavit and the protection officer also
just forwarded her affidavit with prescribed form as per dv act immediately
10. Immediately on receipt of 1st hearing notice,Interiam order (ex-party order) as per act passed by Magistrate court for Rs.9000/-pm,and I got stay in the Session court during 2011 and now the order of Magistrate court confirmed in Feb'15.
The order was issued by sessions court on the basis sec-20 of the DV Act as follows:
The maintenance for the aggrieved person as well as her children, if any, including an order under or in
addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973(2 of 1974) or any other law for the time being in force .ā€¯
Now,my question is shall I go for appeal to HC against Sessions court order.
Shall I submit the following point in HC appeal :
1. As per the HC-Bombay -Nagpur Bench order in criminal wrt pettion 32/20014,
'No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved '
2.She is working women now and earning Rs.380/-perday (I got prof for this)
In view of proving of domestic violence, she has to prove the domestic violence in the Magistrate
court while the case is comming for trial,then only the order for maintance can be decided based
on the proving of the violence.
But if the case has to come for trial in magistrate court, my appeal in HC against this interium order
to be disposed.
How to contest in HC in this situation.
Expecting the valuble suggession
Guest
(Expert) 09 April 2015
Problem may not be taken lightly. You have to discuss personally your case in detail with any of the experts you prefer to contact.
Rajendra K Goyal
(Expert) 10 April 2015
Consult senior lawyer dealing in family matters and show him all the documents.
SAINATH DEVALLA
(Expert) 10 April 2015
After going through the entire lengthy query, of course U have mentioned in detail, it is difficult at this stage to give appropriate suggestion or solution.Going to HC is only 30C% success.So better act s per the advice of UR local lawyer or anyone from the forum.
M/s. Y-not legal services
(Expert) 10 April 2015
