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renu (consultant)     04 July 2010

DV and maintainance

 

i want to know if DV and Maintainance are the two seperate cases.. coz i am badly confused. my lawyer says that we have been implicted under both cases but he has given only one paper. please help to understand by below mentioned queries:

 1. if they are the two diferent cases ; there should be two papers and two dates of hearings

2.Can  a wife  file a DV case though she is living seperately from more then 5 years (but 498 A is running)

3. if a boy is the only earning member of family and loaded with family responsbilities will he get relief from maintainance amount

4. Is it mandatory to pay maintainance amount though wife lived with husband for only  7 days

5. If 498 A judgement goes in husband's favour; will this helpful for DV and maintainance case

6. if DV and maintainance both are running in civil court then also can  judgement send the husband in jail

7. if wife has filed 498 A from another city and Dv and maintainance from another city, but she is not attending the 498 a hearings and only going for Dv and maintainance as she is looking for money only; will our part can be strong..

8. Can we file divorce meantime to get relief from her atleast

9. Can i get some of the good lawyers contact details in delhi to fight for cases

 

Please help



Learning

 3 Replies


(Guest)

1. if they are the two diferent cases ; there should be two papers and two dates of hearings
Ans.: You need to check the tiltes of two papers you have and reveal them here so that we understand what are they.
 

2.Can  a wife  file a DV case though she is living seperately from more then 5 years (but 498 A is running)
Ans.: From the title of your brief it seems wife left matrimonial home in 2004. Currently two SLP's (Crl) are pending before Hon'ble SC examining retrospective effect of DV The Act. So my 2 cents is that she can't but then I read boy from Delhi so for a short time it may be admitted here in Delhi till 08-09-2010 when SC is going to give its Law on retrospective operation of DV The Act.

3. if a boy is the only earning member of family and loaded with family responsbilities will he get relief from maintainance amount

Ans.: If boy from Delhi then on 4th. July 2010 Delhi HC said maint is liabilites only of a husband and wife can't equate status of parents (in Laws) while asking for maint from her husband. But my view is that boy showing liabilities of old parents will not be made to meet maint expenses provided further that she is earning and well educated (means well qualified). So tell us if she is earning or educated.


4. Is it mandatory to pay maintainance amount though wife lived with husband for only  7 days

Ans.: Depends from deailed case facts and right services hiring choice made on a experienced matrimonial court Ld. Advocate coupled with his court crafts skills :-)

 

5. If 498 A judgement goes in husband's favour; will this helpful for DV and maintainance case

Ans.: Yes it will and it also gives way for defamation and counter cases later on.


6. if DV and maintainance both are running in civil court then also can  judgement send the husband in jail
Ans.: DV is run before Mahila Court if case is of Delhi as it seems boy is from Delhi and it is a Criminal Court and or when you say civil it looks like it is running in a Family Court of Rohani or Dwarka. Check the heading of two papers you have it will give clarity on court name. Now which Judgment you suddenly referred to i this sentence I am blank so elucidate further.

7. if wife has filed 498 A from another city and Dv and maintainance from another city, but she is not attending the 498 a hearings and only going for Dv and maintainance as she is looking for money only; will our part can be strong..

Ans.: For 498a IPC it is the State with IO who runs the proceedings and her presence is required on Bail objections and or evidence stage time. Your guess of her attendence in the right forum is as good as mine :-)


8. Can we file divorce meantime to get relief from her atleast

Ans.: If facts / grounds enough then boy may file for divorce. But advised to wait for mediation wherein MCD could be a option to settle all issues quickly.


9. Can i get some of the good lawyers contact details in delhi to fight for cases
Ans.: Search members database in LCI forum you will get reasonable contacts of ld. Advocates.


Rgds.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 July 2010

Dear Renu,

I do agreewith the views of my Ld. friend. U can contact me for further queries and help at 9871158578

sibasish pattanayak (lawyer)     20 July 2010

hi rakhi,

how r u all? what bout LPO through out India leaded by us? i hv 2 good office in kolkata(jadavpur area) and one office at near HIGH COURT AT KOLKATA.THANX FOR UR ref as an advocate criminal side at kolkata to one mr. AYAN.
though he didnt contact with me.

regards

SIBASISH PATTANAYAK,

                   ADVOCATE.

09874854594/09477090999/09433074402/09231668664.


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