Interim stage in domestic violence case

Originally posted by : Reformist !!!
	Dear Friends,   DV case filed against me was earlier dismissed (Dismissed in default) by the Hon'ble court. The dismissal was challenged by 498A Queen in sessions court and she succeeded in the same. The case was restored again on its original number and was sent back to the lower court.   Now at Interim stage, court found that no Interim application has been filed for any relief, so the following order was passed by the Trial/lower court:-   "Perusal of the file shows that there is no application of interim relief and therefore now for evidence of the complainant adjourned to xx-xx-xxxx date."   Now, without giving any evidence or affidavit, the OP has moved an Interim application in DV asking for maintenance from the date of filing of complaint. In interim application for relief, they have neither asked for Right to residence nor they have asked for any Protection orders.   Can anyone give any ideas how to tackle this or share any judgments/precedents of similar scenarios which says interim application cannot be filed at this stage.  Right side top of this page there is a box for search, beside which it is written Go There you need to search, there are many.  Feel free to help yourself !   In my opinion, as the case has moved to Evidence stage, filing Interim application and asking for maintenance from the date of filing of complaint is NOT MAINTAINABLE as the stage of the same has already crossed.  Am sure you have a advocate representing you in court.  What is his opinion in this regard?  Still, would like to get ideas from you team. It would be great if you could reply at the earliest.   Thanks in advance.     Regards,

DV case takes years to get over with, nearly 6-7 years, its better to solve matter amicably with wife and part ways by taking MCD. 

She can file the interim maintenance application, but cannot claim the maintenance from date of filing main petition but from date of filing application of interim maintenance.

You need to satisfy/ convince the court to first hear P.E. You need to have strong arguments in your favour 

Can you please let me know what is the meaning of P.E ?

I am preparing arguments although, still u could share any judgments or ideas if u face.

@ Reformist 

Only after going through the entire petition can one reply .

1. If she has filed a  interim application only for maintenance and  she is not working she may get the same .Whats the amount that she has claimed .

2.  If in her main petition if she has not asked for right to residence than please note that she does not want to stay in the same matrimonial house .

3. you have not posted her allegations where in she has stated that domestic violence has taken place in order to get the benifits of the DV act .

4. In case maintenance is passed it would include the amount for her rentals in the absense of her not seeking right to residence .

Originally posted by : Reformist !!!
	She wanted to come back which is not possible at any cost now. As per advocate, it is not maintainable at this stage. I am already trying to find judgments, but did not get specific to the scenario i am facing.

I have posted many judgements earlier, you can search under my old posts.  Or search in archives of LCI.  Your lawyer is correct.  Please follow his advise. Dont use extra brains, just trust your lawyer.

Originally posted by : Reformist !!!
	Can you please let me know what is the meaning of P.E ? I am preparing arguments although, still u could share any judgments or ideas if u face.

You may post scan copies of your papers, without seeing those correct advice cannot be given.  It should not be so that you are going in right directoin and you are misguided due to you not being able to put facts clearly.  So pls post all of your scan copies.

@ Reformist 
Only after going through the entire petition can one reply .  

1. If she has filed a  interim application only for maintenance and  she is not working she may get the same .Whats the amount that she has claimed .

>> Interim application is only for maintenance and she is working and earning 45k per month. I have shown 27 lacs of balance in her accounts via certified copies of her bank statements. She has claimed 35k in interim application per month and in original complaint she claimed 25k in prayer for final stage.

2.  If in her main petition if she has not asked for right to residence than please note that she does not want to stay in the same matrimonial house .

>> In original complaint she asked for RTR, but not in interim one. May be she forgot in this.

3. you have not posted her allegations where in she has stated that domestic violence has taken place in order to get the benifits of the DV act .

>> No allegations of DV quoted. Allegations of only economic abuse quoted by her in whole petition and she alleged that i denied adopting her kid from her 1st marriage. The actual fact is i was ready to adopt but she wanted my parents to declare her the legal heir to their property which was not possible as she was to be adopted by me and not by my parents. She had an eye on property from Day1.

4. In case maintenance is passed it would include the amount for her rentals in the absense of her not seeking right to residence 

>> Hmm, lets c how the court tackes this.

Read more at: https://www.lawyersclubindia.com/forum/Interim-stage-in-domestic-violence-case-147681.asp

@ Reformist .

you have to be clear and state everything clearly 

1. How much are you earning .

2. Has she claimed maintenance for the child .if so Maintenace for the child would be passed at any cost .

3. It is not necessary that in the interim application she has to file RTR . If she has prayed for RTR in the main petition it is sufficient . 

4. What are the proofs and evidence she has given .

5. You have submitted her bank balance fine does it show any transfers from your account to her account . 

6 Cross examination has not taken place and you are preparing arguments 

@ Reformist . you have to be clear and state everything clearly 

>> I am stating everythin' what you are asking for.

1. How much are you earning .

>> Around 70k per month

2. Has she claimed maintenance for the child .if so Maintenace for the child would be passed at any cost .

>> Yes, she is asking for maintenance of kid. But kid is not the applicant in petition or even in interim relief. The applicant is only wife. Above all, kid is not mine. the minor kid is from the 1st marriage of the complainant and she has already taken 7 lacs of rupees from her 1st husband. The kid has never been adopted.

3. It is not necessary that in the interim application she has to file RTR . If she has prayed for RTR in the main petition it is sufficient . 

>>OK, Thanks for the clarifying it.

4. What are the proofs and evidence she has given .

>> She has given my accounts statement showing 65k of my salary. No other evidence given by her and she'll not be able to give any other evidence as she has stated all facts wrong in the petition and i do have direct evidences to counter her claims.

5. You have submitted her bank balance fine does it show any transfers from your account to her account . 

>> No, it does not show any transfers from my account to her account. I did transferred around 40k to her account once, but that account of hers is already closed. Although, i can submit my account statement to show this. But i am not sure, shall i show this to court or not. You may guide me probably on this.

6 Cross examination has not taken place and you are preparing arguments .

>> Yes bro, arguments for this Interim application.

Read more at: https://www.lawyersclubindia.com/forum/Interim-stage-in-domestic-violence-case-147681.asp

@ Reformist 

1. Its better to submit her old bank account statement where you have transferred your  money to her . if you have been spending money for the child and for her and she was not spending much , than its better to call for her bank account statements where she can be cross examined for the same .

2. Better to submit your bank account statement to the court stating your withdrawls you made for running the expenses of the house .

3. your wife seems to Marrying anybody just for extracting money from them. she seems to be a experienced fraudster hence be careful . If you know about her first marriage details like did she file 498 A on her first husband etc you can sumbit the details to the court .  If her first husband is ready to come as a witness to the court to testify  it would be the good  for your case  .

4. Good to know that you are pro active and making your argument for the IA 

@ Reformist 

1. Its better to submit her old bank account statement where you have transferred your  money to her . if you have been spending money for the child and for her and she was not spending much , than its better to call for her bank account statements where she can be cross examined for the same .

>> Sure, I will do the same as she hardly withdraws money from her account and was using my money only for all expenditures when she was with me. And yes i was spending money on her child. I gave donation and tution fees of almost 1 lac rupees in 3 months to one of the top shot schools. I submitted the same in my 498A case and i won it. The case of 498a has been termed as a false case in the final judgment already.

2. Better to submit your bank account statement to the court stating your withdrawls you made for running the expenses of the house .

>> Ok, sure. I'll do the same.

3. your wife seems to Marrying anybody just for extracting money from them. she seems to be a experienced fraudster hence be careful . If you know about her first marriage details like did she file 498 A on her first husband etc you can sumbit the details to the court .  If her first husband is ready to come as a witness to the court to testify  it would be the good  for your case  .

>> Yes during cross examination in 498A she even denied her 1st marriage, then she denied in cross that she filed any cases on her 1st husband. In actual she was unaware that i got the certified copies of her 1st 498a against her 1st husband and when i showed the copies in court she changed her statement 4-5 times there too which all got recorded in cross (in actual she filed 3-4 cases on him too and i got the certified copies of all the previous cases). And the judge noted this in final judgment too that witness tried to withheld the facts about her litigations including 498a in her 1st marriage. Her ex-husband is afraid and is not ready to come to the court. 

4. Good to know that you are pro active and making your argument for the IA 

>> Thanks bro.