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Chitfundvictim (Software)     16 September 2016

False dowry case and multiple maintenance cases

Dear All,

I filed for a divorce back in 2014 and the case is about to come to file for evidence. In the meantime, my wife has been filing multiple cases (RCR, Interim Maintainence, Maintenance, Return of Dowry and one more petition in a different court on awarding her Maintenance). We have been putting up denial counters in all these cases as all the allegations made by her (it is surprising how fairly consistent most of the allegations are across...that I come home drunk, I beat her up, my parents are cruel, we took lots of gold, silver, cash etc).

I have been paying her interim maintenance almost regularly, whenever I meet in court for next hearing and have been taking cash receipts. However, due to transfer of case across courts and some medical issue at home, I did not meet her for a few months, but paid the maintenance in lumpsum as soon as I met her & took cash receipt for the same.

The judge that is now looking into the case seems a bit too dynamic. He wants to quickly dispose the case without looking into due details or examining evidence. 

Now, they have filed the latest claim for permanent alimony (upwards of 30lakhs) and informed the judge that I did not pay maintenance. As I was not present for the case, the judge has asked them to file a petition and is willing to issue an arrest warrant for me. Whereas, the truth is I paid her the maintenance just 1 month back.

Can you please let me know if the maintenance is needed to be handed over in cash only? can I do a money order? (we live in the same city). On what grounds can a judge issue an order for arrest? (even if I miss for 1month??)

Is there any way to bring the injustice of this judge to higher courts? I live in Andhra Pradesh.

As my case got transferred to a different court, which is far away from where my lawyer stays, he neither attends the court nor is permitting me to shift to a different lawyer. 

Kindly provide your suggestions and any references to a good lawyer in Hyderabad. I was looking to speak to C.V.L Narasimha Rao. Please suggest.

 



Learning

 6 Replies

Suri.Sravan Kumar (senior)     16 September 2016

keep the issue in abeyance unless your Govt job is confirmed after you join duty you can think about marrying her. Inform the same to her


(Guest)

Try Puttagunta Sundaraiah or S. Vani or Naresh Reddy. They are a bit expensive but very good lawyers.


(Guest)

As far as I know, judges don't give arrest warrants automatically for non-payment of maintenance, but only after thorough examination of evidence and repeated warnings. Also, even if you are arrested, you will be brought in front of the same judge. If you can pay any dues right there, you can avoid being remanded.

498a victim (job)     17 September 2016

Dear...

these are very common alligations..

out of 100 cases in 99 cases u will find the same alligations that parents are cruel, husband come home drinking and beat... took her out of home at night.. took her streedhan

asked 5 lacs of dowry for buying car..

it has bcome a very easy tool to extract money from inlaws

so dont worry and fight your case on your merit...

truth is bitter but always helpful to health... u will come out pure

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     17 September 2016

First of all go to the court and give application detailing all payments so no warrant will be issued.+

 

Next apply for payment in bank account so that it will be seamless and you will have proof.

 

Filing DIVORCE is a big mistake  since even after divorce you have to pay big alimoney and even there after life long maintenance.

 

CHANGE THE STRATEGY EVEN AT THIS LATE STAGE.

Ashwin   09 April 2018

thank you sir


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