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amit8 (abcdef)     18 October 2014

Maintenance granted to working wife in dv case

1. I stay out of india , married in 2006 dec , wife came abroad in jan 2007. she is educated and also started working abroad. In feb 2008 she left me and after 14 months she filed dv act case in 2009.( also filed 498a case in oct 2008) against me . mother and sister 2. in her DV petition she mentioned not working , and also applied for interim mentioned not working, I applied crpc 91 mentioning that she is working , in reply to crpc 91 she gave her salary slip that showed she is working from before she filed the case. Her interim got rejected. 3. In her petition she claimed that when she was working abroad that her salary was going to bank and I use to pay credit bills from her salary and withdraw her salary from bank since it was joint account.( is paying credit card bill from wife salary DV ?) 4. She mentioned that my mother and sister harass her in India and abroad also as they stay with us also abroad and she was beaten by me while abroad for dowry on a particular date as my mother and sister encouraged me. 5. I did not attend the case , but my lawyer was there and via friend I gave my passport copies and families passport copies to show that my mother was not in the country when it claimed that she was beaten. 6. Also I filed perjury stating that she mentioned not working but actually working before filing the case, Now judgement came in dv act that I have to pay her maintenance rs 9000 monthly from 2009 onwards since she is earning less salary and I am earning more and one time rs 10000 for harassment. 1. The judge says that my passport copies and credit card bills which my friend deposited can not be considered, but based on the same copies it shows that I have been travelling abroad so I am leading a luxurious life and credit card bill is paid from her salary which is financial cruelty ( there is no recording showing that I withdrew money from her account after paying credit card bill ,), so my evidence is not considered for my points , but are considered in her favour.(she gave no evidence) 2. for perjury , judge says that since she admitted in cross she is working and gave her salary slip , perjury dismissed as she has to do some job to maintain her self. 3. I had also put condition crpc 188 that any thing complaint outside india should be approved via central foreign ministry , but it got dismissed. 4. Also we had told no compliant was filed abroad by her before she left or after going to india , judge says to save her family life and she thought we would improve she did not file any complaint Now what should I do ? 1.If I go to session court , can the case again turn against me and can she get more maintenance instead of our application of no maintenance ? ( since I am earning more than her) 2.perjury judgement needs to be challenged in session court ?is it worth it ??


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 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 October 2014

Dear,
 
Better file a petition challenging maintenance  granted to her ASAP, and leave the perjury case.
 
Adv Kapil Chandna
9899011450

amit8 (abcdef)     19 October 2014

Is there any reason to leave the perjury case ?when in petition mentioned not working and tried to get interim and later in cross admitted working ? In DV case is the maintenance granted based on income , even if DV is not proved ? Is paying credit card bill from wife salary considered DV ?

T. Kalaiselvan, Advocate (Advocate)     20 October 2014

The offences made out will depend on how it is interpreted and defended by two lawyers in the court standing opposite to each other, for a court to decide the merits of the case.If the court is convinced that there was misuse of credit card and upon enquiry, the respondent behaved violently, ill treated her or  abused her mentally or physically, .  then naturally this will be considered as domestic violence.  dont see the law from outside, you must go deep into it to understand it.  For perjury, first of all establish that she was employed and is earning/capable of earning, then think about perjury case or anything as a counter attack.


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