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Rajdeep Sadashiv (Officer)     08 June 2013

Help in dv case

My wife has filed for maintainance of rS 50,000 per month and 10 lakhs cash as an interim relief.

She has also named my parents as respondents in the above case and demanded the money from them.

She has no grounds of DV, which she filed the same after I filed for divorce and Child custody.

I used to pay her Rs 30000 per month to run the household till she voluntarily stopped using the money.

Now she has totally cut my son off. Even the weekly phone call I was permitted earlier is being denied to me.

The DV petition i received mentioned a detailed petition with the allegations. This detailed petition I have not received and am hence unable to anticipate what she has charged me with. 

Please advice.



Learning

 3 Replies

stanley (Freedom)     08 June 2013

@ author 

Chill down have a beer and relax . you would receive her petition along with the summons . your query is a bit like a puzzle on one side you are stating that you received the petition and the other side you are stating that you did not recieve .

Her counsel will levy all the dirt you can see on the street into his allegation and dont be suprised when you read those dirty false allegations . What everr she has stated she has to prove the same in the court of law .File a petition under gaurdians and wards act for visitation and custody of the child . 

Its natural that they include the parents as respondents . Had your parents not been there than they would include your brother , sister , brother in law and sister in law as respondents . So stay cool and contest the case . She cant claim maintanence from your parents . 

Read the DV act section 18,18,20,21,22 its normally these are the reliefs asked by them .

1 Like

Rajdeep Sadashiv (Officer)     08 June 2013

As a clarification to what Stanley has said, my wife has said in the begenning of the DV petition she is the applicant of the accompanying application.

in later paragraphs, she goes on to say that the allegations are the same as in the application which she says are not repeated in the DV petition for the sake of brevity.

I have only received the DV petition and summon order from the court, not the accomanying application. 

How can I defend myself if i do not know the allegations against me? What else can I do in this case?

Manoj Kumar Jain (abc)     08 June 2013

I agree with stanely,

My wife is also demended Rs 27000 PM and 9 lac compensation. Rs 1500/- award in all as a interim relief and magistrate ask to my wife to submit evidence regarding income of husband. After passing 18 months my wife could not produced a single piece of evidence of the income of husband.


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