LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Help needed for fake dv case

Page no : 2

SAINATH DEVALLA (LEGAL CONSULTANT)     28 July 2015

Is UR wife her only child? If so it is difficult for making her living separately

1 Like

Ananta   28 July 2015

Yes She is the only child and she also adopted child so her mother dominated like this. her mothers nature is like this from begining I did know from before. no one has social relation with them they has lot of ego as they are officers familly. Even if lot of close cousins are staying around her house thay has no relation also.

SAINATH DEVALLA (LEGAL CONSULTANT)     28 July 2015

Well UR focus now should be on 30th July the date of first hearing.Well UR lawyer can submit an absent petition stating valid reasons,UR parents may attend.

1 Like

Ananta   30 July 2015

I got my DV case paper. There My wife written so many false things which is absolutly false and she cant prove that also. For harashing me only she did like this. there she mentioned the 25000 Maintaince required. My Question is:

 

1) If we will prove that this DV case is False can we avoid the maintainance.

2)After proving DV case is false can I do any case against my wife.

3)After proving DV case is false can I apply for divorce or I have to wait for divorce apply by her.

Please help me about above concerns.

Thanks.

stanley (Freedom)     30 July 2015

@ Author . 

All you want is readymade answers . Why dont you struggle and go through the posts over here and you would get your answers . 

1. Wife will be awarded maintenance if she is not working.

2. Before you put forth your next question how much it would be approx ( 1/3 rd of your salary as there is no hard and fast rule in india. )

3. stupid Ananta :- there is a saying when advice is given free of cost it has no value and if it is charged than there is a value this is your problem . Divorce can be filed at any time . You dont have to hold your wifes chaadi to file for divorce :-) .

 

 

Ananta   30 July 2015

Stanley are you a lawyer or u just time pass person. why you used this type of word. If you dont need to answer please dont give but dont use this type of word. I am not forcing you to give the answers. it is a public forum some one may be give the answer. you are not a king.

stanley (Freedom)     30 July 2015

@ Author . 

you dont want to digest the answers which are already there in this post and hence your repeated questions  . Hence the reply .

Ananta   14 August 2015

Hi Experts,

 

My date is on 17th August for DV case. I already gather all the proof of the fake alligations. My question is.

1)  Will Judge listen my concerns or not.

2) Maintainance can be avoided in DV case or not If it is prove as false. or maintainance is compulsory.

3) If maintaince order is given by SDJM court can I apply it in highcourt for stay and re decission.

4) If I will not give maintainance then what they can do with me. If I will not give maintaionance can they arrest me. If arrest then how many days.

 

I request to experts please give me the answers as per yours experience. you answers will highly appriciable.

 

Regards,

Aan

ANAMIKA VICHARE (LAWYER)     14 August 2015

You or any of your family members need not attend the matter, if yoi have a good lawyer,take first adjournment and then on next datefile your say, onnly on that occasion all of you remain present.   No rrest warrant can be issued for want f your attenadance....Do not worry, put up your case properly, you will succeeed...Only at the end you hv to attend for your cross exmn

 

1 Like

Ananta   14 August 2015

Thanks Anamika, can you clarify me. without listen me can they will charge me interim maintanance or not. 

Could you please give me your contact details I can ask you some soubt.

 

Thanks.

Anan

SAINATH DEVALLA (LEGAL CONSULTANT)     15 August 2015

The members answering the querist are making this into a debating platform,instead of providing brief replies.The original replies given by the legal expefrts have drifted into the oblivion,depriving the querist of his requisite solution.

Dear Querist,

On the 17th Aug,submit whatever evidences U have with U in the court,the judge will accept according to their validity.Maintenance has to be provided according to the present financial position of UR wife.It is the discretion of the court.

 

Ex-wife now working, but court asks man to pay alimony

A Delhi court has ordered a man to pay maintenance to his estranged wife though it has found that she is capable of earning enough money for herself and is better educated than her former husband. The court ruled that after her divorce in 2003, the woman had no means to support herself and it was on this basis that the amount of maintenance should be decided.

Petitioner told the court that she had married a PWD draftsman in 2002, and though her family had given a substantial dowry her husband's family continuously harassed her for more.

She alleged that her husband's family was cruel to her and her husband suspected her of having an affair with her brother-in-law.

She was forced to leave her marital home in 2003, and since then her husband had not paid her a single penny by way of maintenance, the petitioner said.

Since then, she had completed her LLB degree from a Noida-based institution, was now an advocate, and was also enrolled in a company secretary course.

In response, the husband said that the woman had left him without any cause and that he had made several attempts to bring her back. He said she was running a computer education centre, from which she was earning about Rs 30,000 per month and used to give tuitions to students up to Class X. He said Sulekha's financial status was strong and thus, he wasn't entitled to pay any maintenance to her.

 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register