Walter white (Private employee) 27 October 2016

False 498a and dvc after divorce application

Dear Team, My marriage lasted 4 years out of which I was blessed with a baby girl. All my marriage life was nothing but fights. Initially I thought things would be fine sooner or later but unfortunately that was never the case. As time passed on fights and severity of fights kept getting increased. Unable to bear this burden, I had filed divorce. Immediately in counter my wife filed 498a and DVC on me and my whole family. I filed divorce from the place where marriage held and my wife filed 498a and DVC from the place of our last residence. After filing Divorce, she filed maintenance under HMA sec 24 and she was granted 7k PM. I received DVC notice after interim maintenance was granted from a different court. and in DVC also she is asking maintenance and compensation, protection and what not. My questions are as below. 1) I filed divorce first. to mentally harass me and my family she filed 498a and DVC. Content of the complaint in 498a and DVC is more or less same. the only difference in DVC is she is asking maintenance and huge amount additionally. Can DVC be quashed stating complaints made in 498a and DVC are same. maintenance has already been granted. DVC has been filed only to mentally harass post divorce application. Hence kindly dismiss DVC 2) When interim maintenance was granted, Can maintenance be still asked in DVC? 3) Can huge amount such as 40 lakhs be asked in DVC? though husband capabilities are not that high 4)As far as I know, Court only orders maintenance not huge amount as asked

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8 Replies

FREDYCHARLES RK - Bangalore (Advocate) 27 October 2016

Hi Walter White.

I will defer for experts to reply more . But few facts that you may want to know, your wife is at all liberty to 1. lodge 498A (in PS or PCR) 2. To file DV Case and claim all bonaza under DV and claim maintenance from more than one remedial acts or 3. Any other remedy at hand for her. The Law shall demand that your wife shall inform the Court by memo that one maintenance is granted hence other pleas on maintenance to be made infructous.

On the query of both 498A and DV contents are same, as you agree the sum and substance must be same and she is right and smart in my opinion.

Remember, you can also file DV case frmo recent news and thanks to Justice Rohinton Nariman

Hard Luck !!! But you can contest Good Luck !!!

srk (Service) 27 October 2016

Walter,

In the DVC they can even ask for the moon, police does not investigate, so it will always go to the court, she might have a base for asking so much, you or your parents have properties. court will not grant anything until she proves all the alligation.

In my case my Ex wife asked for 2.3 crore and a maintenance of 2 lack per month, eventually the judge scrapped the case as she wasnt attending the court.

my suggestion is to transfer the property on your name to someone else, if you have any. once she comes to know about it she will calm down.

Good Luck

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(Guest)

1. Depends on lawyer. 2. Maintenance canbe asked n order in both HMA hama and DV. Nothing wrong. U settle matter. No use fighting.

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Ms.Usha Kapoor (CEO) 28 October 2016

Wife can ask for maintenance both under section 24 of HMA(interim Maintennace) and DV act if you have indulged in Domestic violence against her and the Magistrate o fthe DV court on a preliminary enquiry is convinced that she has ben undrgoing domestic violence he would award compesarion, medical expences, Protection ordrs, /Right of residence either here or in other palces where it shoudl be equal to the status of matrimonial residence which she hs been enjoying with all the facilities and custody of childen etc.At the time of paymentof finaal alimonmy the court will club/family court all these civil and ciminal proceedings of 125 Cr..P..C,, 24 HMA abnd DV ct et c and award permanent alimony either in lump sum AS ONETIME PAYMENT OR ON EMI BASIS. IF YOU APPRECIATE THIS ANSWER PLEASE CLICK THE THANK YOUU BUTTON ON THIS FORUM.

Walter white (Private employee) 28 October 2016

There is no property on my name. We have a house on my father's name who has passed away a month back. Does court consider property just on my name or property on my name and parents too?

(Guest)

Originally posted by : Walter white
	There is no property on my name. We have a house on my father's name who has passed away a month back. Does court consider property just on my name or property on my name and parents too?

You r already calculating whether house will be left or not. Such a pity. Concentrate either on married life or on settlement. It might not come as a surprise to u if ur wife or daughter claims the house. There are ppl in this forum who will try to mislead you that wife can't claim property etc. All of them are wrong. You yourself don't seem to have a penny in ur pocket, in such case sooner or later court will sell off that house n give proceeds to wife n daughter. Or simply hand over keys for nonpayment of alimony. You still will have to do time in jail . mind it.

A walk alone (-) 28 October 2016

If your father had no registered WILL, then you have equal share as inherited property. Better transfer that inherited property to your mother name.

T. Kalaiselvan, Advocate (Advocate) 30 October 2016

It is a clear case of taking revenge on the divorce proceedings filed by you as well as revealing her original character to trouble and harass you to the core.

There are various rulings even by supreme court that there cannot be double penalty to the husband by granting her maintenance in the HMA as well as in the DV case.

You should take up this matter on that basis.

You can get the judgments in this connection while you browse internet.

For taking up quash of DV, the cruelties in the form of 498a can be referred but the 498a alone cannot constitute grounds of quashing DV case.

You can discuss all these issues at length with your lawyer during the proceedings discussions with him/her.