Maintenance case appeal

In addition to above case ... She deserted me in Feb 2008 and she also filed an domestic violence case in 2011 which is pending in metro politan court. In that case she added her daughter as co-applicant and seeking maintenance for both and compensation. While till date she has not proved any harrassment or domestic violence. There is no police complaint or quarrel registered against me or my family. She has not proved my income aswell except the false affidevits.

Mr. Kamlesh,

I am afraid, you could get hardly any relief in the High court. As per position of law  you have to “ beg, borrow or steal” to pay her.

As per DV case the lifestyle of the wife is seen by Hon’ble judge to pass the orders. There also you have plenty of chances to lose.

Vishnu

As per DV case the lifestyle of the wife is seen by Hon’ble judge to pass the orders. 

 I differ on this.  Suppose a casual labour get married to woman of an HNI and the woman files a DV on the guy.  In that case the guy will have to rob the RBI for that ??

since you have the income proof of your wife and she has shown your income without any proof too high and also not added the daughter as a co-applicant , you have fair chance of getting the desired relief from the court.

Thanks for your suggestions ,,, But can you al pl. clarify if i can proceed for below mentioned (both)....

Q. Can I appeal in highcourt for quashing of family court order as my wife did not added her daughter as co-applicant or applicant.

and

Q. Can i file an appeal for revision of maintenance based on my income certificate issued by Collector office & Talati and her income evidence. As I believe maintenane of kid is reponsibility of both.

Sir, Can you pl. explain what do you mean by " prima facie erroneous"

means which look wrong at frist look or at frist sight..

(1) There are lot of judgement  of High Courts available on under 125CRPC:

" No Maintenance to deserted wife who lives seperatly without any sufficient reasons"

(2) Also see sec 125(4) of CRPC.

(3) proceedings of DV act is similar and based on 125 CRPC. See sec 28 of DV Act and rules 6(5) of DV Act rules.

(4) DV Act clear cut says: relief under DV Act provides to the affected women by domestic violence.

(4) see judgement on "no multiple maintenance".

You can proceeds to session court / high court , I am 100% sure you will definetly get relief . 

seach and colect from website

Thank you all for your precious advises...