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Fight for justice (manager)     18 March 2014

Multiple claims by wife under false cases

Wife has filed false 498A/DV case against husband and family members. She has then filed multiple cases in different courts in Delhi under different sections (DV, maintainence etc) claiming compensation and maintainence for self and 2 year old girl child. Wife is class I gazetted officer earning a good salary, having govt alloted 3 BHK flat in a posh locality, free medical facilities from Govt, etc. Husband is working in pvt sector and has to pay for his accomodation, medical and also provide for medical care for his old and ailing parents. He is voluntarily making monthly maintainence payment for his child and has also voluntarily made FDs, insurance policy for child's welfare.

1) Is it possible to bring all cases under one court?

2)Will maintainence/compensation be decided individually and on standalone basis for each case or will the judge also consider the payments awarded in other cases? Ultimately, husband has one source of limited funds (his salary) and he will not be able to pay if he is ordered to make payments in each case separately without giving him any benefit/consideration for payments he is making either voluntarily or under other cases.

3) If wife is working and earning well and has all facilities provided by Govt, is she still entitled to receive maintainence from husband? Is she also obliged to contribute to Child's maintainence?

Please share any other points or arguments that husband can present to ensure fair decision for him.



Learning

 3 Replies

fighting back (exec)     18 March 2014

@harmony.....you have a strong case my friend....Wife is class I gazetted officer earning a good salary, having govt alloted 3 BHK flat in a posh locality, free medical facilities from Govt, etc. Husband is working in pvt sector and has to pay for his accomodation, medical and also provide for medical care for his old and ailing parents. He is voluntarily making monthly maintainence payment for his child and has also voluntarily made FDs, insurance policy for child's welfare.

as per your statement, when wife is having an independent source of income, then she cannot claim maintainence. that too a class 1 gazetted officer! by the way, what has she mentioned in her petition? has she claimed that she is not working? if yes, then you can sue her for lying under oath, and she being a government officer, she can also be suspended, first you have to collect proof of all her employment, her id card copy, salary slip, appointment letter, and submit it in court, let the court confirm that she is lying, once it is established by the court that she is lying, then you can file a case under S340 for perjury, and then she will come begging to you. so first things first, you have to collect your evidences and file them in the court at the earliest. you also have to submit your parents medical bills and your employment detials, along with proof that you are paying voluntarily, regarding your second question: 

) Is it possible to bring all cases under one court?

yes, you will have to make a strong appeal in the high court or the supreme court, as the case may be (if interstate or intra state) and get those transfers to your home state, but remember your points should be very strong and the fees charged by high court and supreme court lawyers are way too high to afford, 

you have to bring to notice of the court, multiple awarded maintainence along with her lying under oath, so maintainence will be a one final amount, decided pro rata, so not to worry., but you have to fight it out. 

if she is working she is not at all entitled to get maintainence for her self, but yes, for the child you will have to pay.....you have a very strong case at your hand, now, how to fight it is in your hands...............

Fight for justice (manager)     18 March 2014

Thanks for the encouraging words. She has not claimed that she is not working but has claimed that "she is destitute and starving" because she has to look after herselff and small baby!!! .By that inference, it means that all Class I Govt officers, who maintain their full families on govt salary should be on the streets!

Providing for child - no problem! Happy to do so - but it should be reasonable and fair. Not exhorbitant!

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 March 2014

Dear Querist

as per your query, she is not entitle to get maintenance from husband but only for child.

she can claim compensation in DV Case but if its proved before court after trial no before that.

Contact a lawyer personally with all documents, it will be better.

Feel Free To Call


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