Need some clarifications on rcr and maintenance

Thanks for the reply Sir. But could please clarify the below.

1. In DVC case, she requested Maintenance. You told me that I should pay from the date of petetion and again you were saying that it would take 5-6 years, sometimes 1 decade. 

Could you please let us know, why again it would take 1 decade, when her request has been fulfilled. I mean she gets her share right? 

2. I can defintely win RCR, bcoz proof of burden lies on her and I have solid proofs to prove my innocence.

RCR will take 4-5 years.  Divorce will take 1 decade.
Even though she rejects to stay with me and informed the same to court (If I won RCR), still Divorce takes 1 decade???

Why it would take that much of time?

Thanks for your assistance in advance. 

With Regards,

Pawan
 

If you have solid proofs for your innocence than why dont you file quash petition u/s 482 to res high court?

Sir, I have already filed quash petition against false 498A case. But I didn't submit the proofs.  

Do I need to file one more quash petition against DVC?

Dear Pavan

I am also a victim like you, either you can file quash petition for DVC also or i got this ans from one of the learned member from this forum that in DVC no one other than u need to attend the court either file discharge petition for the rest, if they will  not attend than exparte will be given againts them, and DVC concerns about the facilities and maintanance for which husband is responsible to provide, so u only attend the court

Thank you Sir..Will ask my lawyer to file discharge petetion on DVC.Any other suggestions?

Originally posted by : Pawan
	Thank you Sir..Will ask my lawyer to file discharge petetion on DVC.Any other suggestions?

Advocate Ganesh has clarified all the issues.  

What I would like to suggest is, try to reconcile with wife if possible and if not possible give money and take diovrce, dont waste time in court.

Originally posted by : Adv. Rakesh Martyn
	Originally posted by : Pawan Thank you Sir..Will ask my lawyer to file discharge petetion on DVC.Any other suggestions? Advocate Ganesh has clarified all the issues.   What I would like to suggest is, try to reconcile with wife if possible and if not possible give money and take diovrce, dont waste time in court.

Sir, we are ready for either reconcile or divorce. But they are not ready. Their aim is to defame me and my family. She wants to delay these cases as long as possible by getting monthly mantenance from me. No way to fight against this in a legal way? I am ready to pay monthly maintance or lump sum of amount, but need justice ASAP. Bcoz of this case, I lost a good opportunity to work in Dubai. They offered me handsome package.

None of them from their end attended for 498A case, but for DVC case  she attended the court. We can easily guess their intentions.

Need further assistance on false allegations made in Cr.P.C. 125 mainteance case

The below are my wife's allegations.

1. She was not provided food, clothing and shelter when she stayed with me. (Most common point in all maintenance cases).

   Merits - I have house rent agreement  and gas connection bills.

2, I have 4 acres of land which worth Rs 1,00,000,00.

   Merits - I don't have. I am not sure, why she included this point.

3. I am earning 1,00,000/month.

    Merits - I am earning around 45k/month. However 5K will come in the form of shift allowance. If I moved to some other project, i won't get shift allowance. If so, i will get 40k/month.

 Q) Can I request court to exclude 5k from my monthly salary, since it's not perminant. (If I choose work from home option, company won't provide shift allowance. Will get my actual salary alone 40k/month)?

4. She has no movable or immovable properties.

Merits - Her father registered 1 acre of land to her name. Also they gifted her 80 grams of gold at the time of  marriage. (She mentioned these 2 things in her 498A & DVC cases).

   - Also I have one Fixed Deposit form which is deposited under her account which worth 1,00,000.

   - We too gifted around 64 grams of gold, we have bills for the same. (Not sure whether we can include this point in our merits list or not.)

   - She is a post graduate and has previous working experience. (We have no proofs except her resume).

Q) Do the court consider the above merits, while deciding maintenace. Also how can we prove that she had working experience. She got placement in campus interviews. Any information act to get the information from the college, which she had completed her PG.

5. She depends on her parents for everything, even they are also unable to meet their daily needs.

Merits - Her father is a Business Man. They have their own Grocery shop and around 12 acres of land. Also we came to knew that her father purchased around 3 acres of land with spot cash payment recently, which means definintely he would have been withdrawn large amount from the bank.

- Her brother also a software engineer with a salary of around 60k/month (as of now, we don't have any proofs).

- Apart from the above things, we don't have children, we stayed together around 7 months only and she only left matrimonial home and alleged that we deserted her for the purpose of 2nd marriage.

Q)Let me know is there any section to get the survey numbers of their lands from them or RTI dept. Also can we ask her father and brother to submit their IT returns?

Kindly answer the above questions and based on the above merits and de-merits, could you please let me know the chances for me to win the case/decrease maintenance?

Thanks fro your assistance in advance.

With Regards,

Pawan

Respected Lawyers....

Can anyone plz respond to the above queries......

Hi pawan,  i am also in the same situation like you.. my wife is also just dragging the case for getting the maintenance from me.. Can you tell me what happened in your case..