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Prashanthi (NA)     29 April 2013

Interim maintenance dismissed

I have filed a case against my husband in 2009 under 498A for deserting me and leaving me severly wounded. He was arrested and since then the case is still under pending trial, i am not even aware what is happening with that case. And again in 2012 i filed a case under DVC for a compensation, interim maintenance and accomodation. Today I have attended for interim maintenance order, the judge said that it is dismissed but the main case is still there. I am confused what could be the reason for that and i did not receive a satisfactory reponse from my advocate. I request you to kindly confirm me what exactly is this and why is the maintenance case dismissed. I have to attend the court again in a short period for accomodation. What am I supposed to do. Please help me out with this. since 4 years I have been a burden to my family suffered a severe illness where my parents have spent almost 3lacs for my survival. Expecting a positive reply. Thanks in advance



Learning

 16 Replies

Tajobsindia (Senior Partner )     29 April 2013

1. Only by reading what is mentioned in the Order one can tell why it is dismissed. Normally such claims are dismissed  if you are found to be working or the claims were not properly adduced before Bench or the matter was wrongly filed or due to insufficient court fees and thereof which are all speculative replies at this moment and should not have been asked as it is your case and yoiu are tellign us some Order announced so it is your duty to find out first of all what does the order say then only forum may apply its application of mind...........

2. Hence suggested to contact once again your advocate and he is the best person to tell you the specific reason or do self file inspection by filing - getting allowed a specific application with court fees by a Complainant / aggrieved person.

stanley (Freedom)     29 April 2013

You or your advocate can very well inspect your file on the next date when you attend the court and see the reason for the dismissal . As you are paying your Advocate his fees it is his duty to advise you and clear your doubts . 

1. you have not stated if you are a working women .

2. If you are drawing a HRA idont think so the judge would be pass an order for rent to be paid to you , all the judge can do is pass an order for RTR in the place where he is residing .

3. you have stated that you were wounded . Do you have any FIr or medical report to support your claims else your case would just fall apart .

All these cases take time and you would have to spend around 5-7 yrs running around courts wasting you time and money just like we watch on screen in our bollywood movies our heros and heroines running around trees .

Prashanthi (NA)     29 April 2013

Thank you so much for the response from all of you, now what is the immediate step I am supposed to take. I am not working since 2years due to my illness, and to settle these issues only. How can I re appeal it and where am I suppose to it and averagely how much time would it take. Please help me

Adv k . mahesh (advocate)     29 April 2013

query says dismissed may be you have not filed the required proof of salary of you husband and you advocate may not have informed the same 

1. take the order copy and read it on what grounds it was dismissed and discuss with you advocate what to do the next step 

2. after that you have another ground that you illness that why you are unable to work and badly in need of maintenance 

3. first read the order 

Ranee....... (NA)     29 April 2013

nice reply by K.MAHESH

Rajendra K Goyal (Advocate)     29 April 2013

You should have asked for a copy of the judgement from court and should have applied immediately after the dismissal. You will be knowing the reasons of dismissal. Receive it now, if not have taken yet. File an appeal if sufficient grounds. If not satisfied with your lawyer you may entrust another. For pervious case  u/s 498A you can know the status through your Advocate.

stanley (Freedom)     29 April 2013

you can file an appeal in the court of sessions as per section 29 of the Dv act  which your advocate should be aware . 

Normally when DV cases are filed woman falls sick or has lost a job in order to claim maintanence :(

Prashanthi (NA)     29 April 2013

Thanking all again for the support so far. I have come to know through my lawyer that the order is dismissed on the basis that I am a working woman. But since he deserted me I worked hardly for an year dat is from mid 2009 to early 2010 and after that because of my illness which is caused by my mental condition, i have stopped working and am purely under medication. Since 2010 I am not working and I have all the medical bills which make up to a tune of 3 lacs paid by my parents to prove. My lawyer suggested that he would re appeal again, so I wanted to know to what extent this may work out, with a positive hope.

And seriously speaking am not interested in all these, after wasting 4 years of my life because of this I am really fed up and vexed to the core, how can I proceed further to have a full and final settlement of the dowry which I gave and how to get my divorce done on a faster pace.  I am really not expecting any monetary benefits from him at all, this is only for my parents satisfaction as I dont want them to be in loss in all aspects because of me. I am fighting this worse situation of my life only for them. Please guide me..Thanks in advance


(Guest)
Originally posted by : Prashanthi


Thanking all again for the support so far. I have come to know through my lawyer that the order is dismissed on the basis that I am a working woman.

But since he deserted me I worked hardly for an year dat is from mid 2009 to early 2010


and after that because of my illness which is caused by my mental condition


You will not be entitled to any kind  of alimony even if you state mental illness as a reason for not going to work.


On the contrary, this will become a ground for divorce as you, yourself are stating that you have mental illness due to circumstances, which may return in time or not.


, i have stopped working and am purely under medication.


A wife who is capable of earning money cannot show that she is a lazy a s s to just claim alimony,  Lots of citations from SC here.


Since 2010 I am not working and I have all the medical bills which make up to a tune of 3 lacs paid by my parents to prove. My lawyer suggested that he would re appeal again,


A wife who is capable of earning money cannot show that she is a lazy a s s to just claim alimony,  Lots of citations from SC here.


Lawyer extracting money. Change lawyer.


so I wanted to know to what extent this may work out, with a positive hope.


And seriously speaking am not interested in all these, after wasting 4 years of my life because of this I am really fed up and vexed to the core, how can I proceed further to have a full and final settlement of the dowry which I gave and how to get my divorce done on a faster pace.  


Uh ho. You want to get your streedhan back, if so, you should have reciepts as to what you gave.


Fake bills not accepeted, even if, your case to claim your streedhan will fall like a pack of cards, or biscuits as you may wish to term it.. and let me remind you. this is not that easy as read by you,


It takes a lot of time to do this circus which you supposedly plan to do.



I am really not expecting any monetary benefits from him at all,


Your statements are contradictory, For best known reason to you alone.


Either ask money, or dont.

this is only for my parents satisfaction as I dont want them to be in loss in all aspects because of me.


Loss? HUH... its not  business proposition dear to calculate loss, the biggest loss would be for your parents is that you are not able to have a married life even now.  Forget money.


I am fighting this worse situation of my life only for them. Please guide me..Thanks in advance


Guidance:

Take my word for it,

1. Go for mutual consent divorce aka MCD.  Best way out.  

2. Wanna cohabit, consider, reconciliation. 


Be it 1 or 2 stick to it.

1 Like

Victim of Domestic Voilence (Service)     30 April 2013

@ Helping Hand - Very good suggestion

Victim of Domestic Voilence (Service)     30 April 2013

Hello Ld. Members, Do you have any citations for the following: A wife who is capable of earning money cannot show that she is a lazy a s s to just claim alimony. Awaiting for your responses. Regards, Ajay

fighting back (exec)     30 April 2013

@helping hand.....an excellent reply sir!!!!!

Prashanthi (NA)     30 April 2013

Thanks to Mr. Helping Hand, Mr. Victim of domestic violence and Mr. Aakash for all your inappropriate filthy lame suggestions. thanks but I dont require them. I guess I only came here to see how harsh a part of the world could be on a victim who.s still struggling to lead a normal life. And I pity on the people who have supported all this. Better observe your words before speaking them. Thanks for wasting your time on my topic Mr. Helping Hand, Mr. Victim of domestic violence and Mr. Aakash

fighting back (exec)     30 April 2013

@prashanthi......the people you are accusing of being harsh on you are actually speaking on the facts that are laid by you before the forum, they are in no way making fun of you and being harsh on you...the reality is....Sacch hamesha kadwa hota hai....all the learned members here who have given their opinion here is the same what the court will take in its view while giving its decision. the courts dont run on emotions. they run on evidences, and way you have presented your facts, it paints a different picture. you may be right. but the picture which is created is that you have become a parasite who wants to eat on the husbands hard earned money..

Prashanti. i suggest you should live your life with dignity and move on in life. enjoy whatever life has left with you.istead of fighting in the courts. move on in life find a job for yourself. and forget the past as a bad dream. you will waste your precious years of life in courts. and you will not even realise that you hair has turned grey and skin has started getting wrinkles.

then you will realize that you have not achieved anything but only filled your lawyers pockets

The Ld members here are giving you a practical answer. take all thier advice into consideration and then take the next step. all the best.......


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