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(Guest)

DV Act Hit to me after 4 years of seperation

 

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.



Learning

 15 Replies

N.K.Assumi (Advocate)     25 December 2010

Just to be brief, once she resort to 498a she can not fall back again on DVA, in other words she can not enjoy the best of both the laws to harassed you.

adv. rajeev ( rajoo ) (practicing advocate)     25 December 2010

File a wri in high court challenging the DV act and also produce the judgement in 498 A case before the high court.  The intention of  your wife and her family memvbers is clear, just they want to grab the money from you.


(Guest)

Dear Mr. N.K.Assumi

 

From the Day one she is harassing me like anything, my life has become a mess of hell,

Please guide me how to proceed further.

Sagar


(Guest)

Dear Mr. adv. rajeev ( rajoo )

Can I file the writ pettion in HC for Quashing the case of DV act. even if the case is going on in lower court. 

Can You please tell me how should i approach the HC i mean under what section of law.

Sagar

Arup (UNEMPLOYED)     25 December 2010

if you not living with her, dv act not applicable on you.


(Guest)

Dear Mr. Arup

I got your point of say.

but the case is going on in the court; & i have to reply for the application of my wife; the judge cannot just remove the case & dispose off.

my question is can she apply for claim of house or house rent from me, when once she had already mentioned in the affidivate that she is staying with her father & now she is moved out of her fathers hose.

even earlier also she had requested for the house which was rejected by the court & now again she is filing the application.

with regards

Sagar 

Avnish Kaur (Consultant)     25 December 2010

yes she can under dv act , hire an expert honest  lawyer to defend you.

N.K.Assumi (Advocate)     26 December 2010

If the case is pending in the lower court ask your lawyer to state before the court that your case is covered by double jepardy under theCconstitution of India.


(Guest)

Dear Mr. N.K.Assumi,

How will this help me, can you please elaborate the likely possibilities,

Sagar


(Guest)

Provisions of DV Act are not penal ,it is breach of order issued under DV Act which is penal. You your self stated that you have applied RCR petition in family Court , it means that marital relations are not come to an end. Assistance under Dv Act is not prohibited to a woman having Domestic relationship. It will be better to present your view with evidence before Magistrate trying Dv ACt case,There after if you are not satisfied you may approach Higher Courts.


(Guest)

 

Dear Mr.Naresh Chandra Dubey,

The maratil relationship has not come to an end but we are living saperat from last 4 years, There was no case of DV act till 2009 & all of a sudden in August 2010 the case is filled.

but my question remains the same; can she put up an application at this stage giving a reason that she has left her father's place and now staying with her friend. where she has not stated any reason for why she left her fathers place. let me highlight you the same judge had already passed an interim order considering her request for alimony, maintenance & rent allowance. where she could not prove my income.

Now what evidence can i put up to show my view. can you suggest any e.g. like...

Sagar


(Guest)

Please go through the provisions of section 12 ,18, 19 of Prevention of Domestic Voilance on womanes Act 2005 they are not penal provisions but are civil remedies provided to help married woman. You may bring in the knowledge of Magistrate the proceedings finalized earlier and reliefs obtained by your wife earlier. you have to satisfy the Magistrate that wife is trying to abuse the provisions of Act. To provide a Ready made solution of the dispute not possible. It is only section 31 which is penal and that relates to breach of order passed by the Magistrate himself under section 12, 18 or 19 of the Act.

Avnish Kaur (Consultant)     26 December 2010

if she was able to sustain for 4 yrs this itself goes agianst her.


(Guest)

It is no presumption of law that if wife survives without husband`s help for 4 years she is not telling the truth or she wil not be entitled to benefits of legal provisions.


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