Dear Sir,
I am among, one hit by DV case, Let me brief my situation:-
I was an NRI working in Dubai at the time of my marriage, it was an arranged marriage, after marriage I took my wife to Dubai & lived there. Shortly after some 87 days she disappeared leaving a note behind that she did not want to stay with me. Then after enquiry I found that the air tickets were sent by her Brother-in-law & she has safely returned to her father’s place. (This is established in 498a case & she has agreed to it.) she left me in July 2007.
After this I tried to convince her for her return but in turn she filled 498a against me, my father & mother in 2008. Giving all false allegations. In May 2010 we were cleared from the case stating she could not prove any evidence for harassment.
I have applied RCR case in family court & there even she was granted interim maintenance of 1,000/- & litigation fees of 5,000/-, where I moved to high court for stay on interim maintenance. This case is suspended on her application that till we get high court orders this case should be suspended.
In mean while she filled 2 cases for maintenance, one in criminal (2008) & other in Civil (2009). In criminal case she was granted an interim maintenance of 500/- as she could not produce any source of my income. (as I had to quit my job because of 498a & till date I am jobless).
After completion of 498a case she filled a case under DV act against me, my father & my mother. In this case she had applied to the court for maintenance of 70,000/-, a lump sum amount of 50,000/- & house rent as 15,000/-. After argument for interim maintenance the Judge granted an amount of 500/-, as she had not produced any income proofs. (let me remind you there is already an interim maintenance granted of 500/- under sec 125 in other court, which is under process).
In the DV act case, during application she had given her father’s home address as she is living there. Now she has applied in the same court she is living at her friends place and came out from her father’s house & she wants house rent.
My Question or quarry is:-
1. How should I reply to the application in DV case for rent request?, is she eligible for such thing at this stage of case. (earlier she had given her father’s home address & now she is saying she is living with her friend.)
2. How should I defend myself & protect my parents. (presently I am with my parents & the house is in my father’s name & he has built it). & he is paying the EMI to the bank.
3. Is there any other way, so that all the cases can be tried in one court as these all cases are in different courts.