Victim 01 September 2016

False dv case and money extortion interim maintenence case

Sir/Madam,
I got married in 2015 and till date Total of 9 days only we were together in this duration.
After marriage , she stayed with her family only. While staying with me, she threatened me with suicide attempt.
She fought with me,created big scene in home and left to her parents home.
After that,her parents threatened me that they are going to police stating that I beat her.
She created many verbal abusive fights and posted very filthy unethical message in Facebook to my friends
and office colleagues using FAKE account.
Threatened to file police case and approaching office to create unlikely scene in my office.
I can prove that , she only sent these messages.
After one year of no contact between us, I filed divorce case with all the evidences and audio proofs.
But in response, she filed domestic violence case and Interim maintenance case and asked for 20000Rs.

She was working before marriage and qualified with Masters degree.
In court, she is giving filthy false allegations with out even conscience.
She completely denying all my evidences and proofs but giving complaints without any proofs
about me that i beat her, my family poisoned her, harassed for dowry. All as a revenge to my divorce case.

Please help me,
1) Do I need to pay maintenance 20000Rs for the one who was working before marriage , well qualified , who recently completed some software course for additional qualification. My salary is 60K per month. Can i defend that?. I have debts and old aged parents to take care.
2) For Domestic violence case she given , with out any evidence and only with false allegations of A to Z, what could be result. Dont she need to proove anything rather just giving false allegations
3) I produced her abusive words,recordings as proof but she simply denying those but giving all false words for the 9 days of togetherness. Which one court will consider.
4) how long the cases may proceed as already i am drained by depression. their only motive is to bring my family to court ,police station and money extortion.

Tons of thanks..

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3 Replies

ADVOCATE NITIN KAPOOR (Advocate) 01 September 2016

Answers to your querry are as follow:

1] Your wife will not be entitled to maintenance even assuming that she is not working now. In Mamta Jaiswal v. Rajesh Jaiswal, 2000 (3) MPLJ 100, where it was held that “well qualified wife is not entitled to remain as an idle and claim maintenance from her husband”. Yes, you can establish your debts by showing that you have old parents to take care of.

2] All the above acts of your wife amounts to cruelty. Reference can be made to the latest judgement of High Court Division Bench in Sudesh v. Suresh Solanki, on August 31, 2016 which fits squarely to your case.

Regards,

Advocate Nitin Kapoor

Mob: 8800692624.

innocenthusband 01 September 2016

Originally posted by : Victim
	1) Do I need to pay maintenance 20000Rs for the one who was working before marriage , well qualified , who recently completed some software course for additional qualification. My salary is 60K per month. Can i defend that?. I have debts and old aged parents to take care.

Interim maintenance needs to be paid. This will be a very small amount . Her amount will never be considered. The judge knows all too well when a case is made for alimony when the marriage lasted just 9 days.

File a case on her not working despite being well educated. Your alimony might be waived off much later.

Originally posted by : Victim
	2) For Domestic violence case she given , with out any evidence and only with false allegations of A to Z, what could be result. Dont she need to proove anything rather just giving false allegations

She does have to prove. Words on paper means nothing in court. It might help in falseley implicating you but thats about it.

Originally posted by : Victim
	3) I produced her abusive words,recordings as proof but she simply denying those but giving all false words for the 9 days of togetherness. Which one court will consider.

Your proof will be considered in due time. Take screenshots of her facebook page where she made false posts. The last place where a genuine victim turns to is facebook. You can file a defamation case later on using facebook evidence.

Originally posted by : Victim
	4) how long the cases may proceed as already i am drained by depression. their only motive is to bring my family to court ,police station and money extortion.

Depends on your willpower to sit cool when they do all the drama. They can't do a thing. Concentrate on your career and other pursuits in the meantime.