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akshaykumar (unemploy)     09 January 2018

How to fight against interim maintanance recovery in dv case

Hello Friends

I am Facing CRPC 125 & DV Case FR Jan 2015.

DV Case Related Query

In DV Case Wife had Done Interim Maintenance Application in Sep 2015. In Interim Application She Had Mentioned That she had no income, respondent had 40K Income and done all other false allegation.

I had replied facts that I am unemployed & no income. She is doing job & submitted her PF statement as evidence. And Refused her all allegation.

Magistrate Passed Interim Order to Wife & Child from Interim Application Date in Apr 2016. & In Interim Order Magistrate Wrote that Applicant had no income so they awarded maintenance. & they assumed that Respondent has some earning to maintain wife & child.   

After that I am paying maintenance to child regularly. But I failed to pay maintenance to wife. In between I had submitted more evidence of her last 7 years income in court. ( her salary slip, her all employers details in CRPC 91 application, her statements in Family court that she worked in so & so companies, current company in cross examination, In short she is employed that 100% perfect details )

But now she filed Recovery Application for Pending Amount of Interim Maintenance under CRPC 125(3) in DV Case. On Record Magistrate knows about her all employment status & her false allegations then also allowed her recovery application.

So please suggest & help ( I am fighting my case own in base of truth & evidence)

In My Case How to Fight against Interim Maintenance Recovery in DV Case.

In My Case What are the Procedure.

In My Case How to reply, arguments.

In My Case How put facts in court.

In My Case court can consider or refuse all facts.

In My Case What is court responsibility for consider truth.

In My Case How to convince court to consider facts.

In My Case can court ignore all facts and rely on Interim Order & sentenced to pay pending Amt.
 

 

 



Learning

 1 Replies

Nitish Banka (lawyer)     09 January 2018

Dear Akshay,

You can read article landmark judgements for interim maintainence

can also help you in making arguments and submissions

Adv. Nitish Banka

9891549997


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