Dear lawyers,
My wife (divorced her by pronouncing talaw now) has filed DV case with false allegations of dowry demand, physical torture and neglect due to dowry demand. I have proved all the allegations as false. The lower court admitted it is baseless and discharged my parents and sisters.
But the lower court observed that she was subjected to Mental crulety on account of her non maintenance after she left the matrimonial home and also based on the counter allegation made by me that she was having a love affair before marriage but I failed to prove the same and stated that it is also Domestic Violence. Infact she was staying at her parents house of her own will without my consent and later filed the case.
But the lower court ordered maintenance of 14,000 pm against my salary of 42,000 from the date of filiing of petiton with arrears amounting to 3 lakhs. I filed for appeal in Sessions court based on the findings of lower court and the sessions court increased to 15,000 pm (or) 15 lakh as one time settlement citing the same reasons and provided me 2 months time to comply the order.
1. The sessions court has not stated whether the revised order applies from the date of filing of petition (or) 14,000 for arrears and 15,000 for future maintenance. Is it by default will apply from date of filing of petition as the lower court has already ordered from the date of filing?
2. The court asked me to pay the cost of appeal without specifying how much amount it was. Please suggest me how can i proceed under this circumstance?
3. Though she has not proved any allegations as stated in her petition and abruply proved as false by me, the court has not considered her n number of false allegations made by her against me and my family members and ordered maintenace based on my one counter allegation of her love affaiir before marriage which i am not able to prove and her non maintenance. Please suggest me whether DV acts in the same way as maintenance case and entitiled to maintenance though she is not able to prove her version?
4. Though i am ready to pay maintenance on moral ground itself, can the court ignore such false allegations like dowry demand, physical torture, s*x torture against me and my family members and orders maintenance? WIll her false allegations will not cause mental cruelty to me and my family members? We have immense pain for being a suffered party and paying maintenance with arrears. Is there any legal remedy available to us?
Regards
Ibrahim
