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Raj   28 September 2016

False dv after trial of maintenance case

Hi all, I got married on May 15th 2010(At vijayawada) Immediately after marriage we put up family at Pune as I was working at Pune, after exactly 6 months on 17th Sept-2010 my wife attempeted suicide by litting fire to herself, I acted swiftly and saved her. But she got 50% Burn injuries. she was in hospital for 2 and half Months 17th Sept to 31st Jan-2011 at Pune. She was discharged on 31st Jan 2010 from Pune Hospital.(As she was cured 90% and only some external phisotherapy related treament was still required) AFTER MARRIAGE I CAME TO KNOW THAT THEY ARE HAVING FAMILY HISTORY OF SUICIDAL TENDENCY AS HER AUNTY(FATHERS SISTER) ALSO DIED BY LITTING FIRE TO HERSELF(AT VIJAYAWADA) AND HER ELDER SISTER ALSO ATTMPTED SUICIDE TWICE (WHILE DOING IT JOB)BUT LUCKILY SAVED 6-Months of my married life was really a NARAK(HELL) as daily she used to quarell with me without any proper cause and attmpted suicide exactly after 6 months After discharge on 31st Jan 2011 she instead of coming to my home at Pune she moved to Hyderabad with their parents, stayted at Hyderabad for 3-4 Months at their relatives and then she moved to her hometown (Vijayawda) in June 2011. After going back to her hometown she didnt return nor shown interested to come back and join matrimonial life. She has totally deserted me after all this episode. If I say to come and join me, she used to say send divorce papers, we will go for divorce, I tried by best till Mid of 2013 and lost hopes. SHE IS VERY SHORT TEMPERED AND FREQUENTLY GETS ANGRY FOR WITOUT ANY PROPER CAUSE I filed Divorce case at Pune in November 2013 on grounds of Cruelty and Desertion She has transferred my case to Vijayawada as she is staying there. I had to resigned from job in March 2014 as Frequently travelling to Vijayawada from Pune as troublesome After transfering Divorce case to Vijayawada she has File Maintnance case demanding 1Lac per month(stating that I earn 2-3Lac per month, Actually my salary was around 35k) in 2014. Summons were sent to Pune address but by then I left Pune, I was not aware of this case, till the time i knew about this case Exparte order was grated in Dec-2014 by Vijayawada family court to Pay Rs.20,000/- per month to her. In June 2015 I again applied for Set aside of Maintance case and Rs.10,000 per month order was granted Based on this order I appealed in Highcourt Hyderabad and HC orderd 7000 Per month and I paid all arrears . I have to travel 600 kilometers to appear for every court hearing, really fed up with travelling and spending money For compromise they demanded 25 Lacs, with lot of effort I made 25 Lacs Loan(Parents House Mortgage, Gold loan, Personal Loan) but after that suddenly they raised their demand to 50 Lacs. I cancelled all my Loans and decided to fight case, now again they are demanding 25 Lacs are ok to Compromise but I am not in a position to Obtain loan again as perviously i lost 2+Lacs for mortgage, DD's etc Divorce case is still in Initial stage. Maintnace case all stages have been completed, cross exam of both, arguments of both completed waiting for Orders. As she was Unable to prove any income of mine (as she falsely claimed that I earn 2-3lac per month), even I am jobless now :( Now she has filed Domestic Violence case against me, as Yesterday I got a call from some counsellor saying I need to attend for counselling as my wife has filed DV case(False DV) against me. My Documentary Proofs: ---------------------- 1) I have to taken 2.5Lacs Personal Loan for her medical expenses when she was hospitalized in 2011 2) I have transferred total of 2.7 Lacs till Feb 2013 for her expenses(Even she deserted me from Nov-2010) 3) Her Email statement stating it was her fault and "I am a good person and she has ruined my life....."(Big mail stating it was her fault) sent in July 2012 (After almost 1.5years of separation) --> SHE IS EVEN HIGHLY AND PROFESSIONALLY QUALIFIED THAN ME, SHE HAS DONE MCA AND WAS WORKING AS SOFTWARE ENGR(Now she is not working just to claim maintenance) Can anybody Please guide me as already from 3 years Divorce is going on, Maintnance case all trial is done only waiting for orders. Now she has filed False DV case that too after 6 years of Separation.


Learning

 8 Replies

Raj   28 September 2016

Try to add value to the discussion, with your each post.

A walk alone (-)     28 September 2016

Try to quash her DV on time limit ground. DV can be filed within one year of separation.

(Guest)

DV case can be filed any time, but if she files after one year, she will have to prove that there were strong and genuine reasons why she could not filed DV immediately. Otherwise, the DV case will not be maintainable.

P. Venu (Advocate)     29 September 2016

The allegations needs to be met on their merits. There are no short cuts. 

whatnot   29 September 2016

There is a joke that being circulated in Whatsapp which syays

 

Wife who obeys husband will attain swargaloka. The wife who doesn't obey will see swarga here !!

 

Sometime life delivers a curve ball and we get to the raw end of deal.

My sincere sympathy with your life.

 

First thing to do is Keep the manitainance case alive. Don't let it go her way again. Just keep it burning.

 

Never go for compromise again. Find some small time job around to maintain sustenance.

 

DV can be fought on Time frame and also care that you have taken should be part that no voilence exists. This needs a very good lawyer..Keep fighting.

 

Appeal to higher court for expedience of your case.. Bring all legal angle to it. There are plent of resources available. Spend quality time on this site. You will find help.. Fight this in person..And let court decide. Looks like your intial divorce plea was not done properly. So it will uphill task. Alternatively, let case lost. Then you higher court to file appeal but court may go back to intial documentation. So one needs to argue in front of judge the mental stress that the system has bought on you and represent your actual prayer.

 

Sometimes ignorance also adds to problem. Which may have been in your case.

 

You should have been divorced by now.

But that's cruelty of system.

Sorry.

 

Raj   29 September 2016

Thanks a lot sir for your valueable reply A walk alone, Venkat,P.Venu,watnot.

A walk alone: --> How can I go for Quash on time limit? Can it be done in Initial stage or it can be done after all trials and getting orders??


One more Query: THEY HAVE ADDED MY MOTHER/FATHER/SISTER/BROTHER-INLAW/BROTHER-AND HIS WIFE in DV case, but actually immediately after
        marriage we left to Pune and we never stayed with any of my relatives.
        Please suggest :(


(Guest)
Agree with above advice. Nothing more to add.

A walk alone (-)     29 September 2016

At initial stage consult with some HC lawyer. First try to quash your brother,sister and parents name from case through HC.

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