False 498a and dvc after divorce application

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 !!!

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

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.

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.