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sandeep (executive)     11 September 2013

Please guide experts !

Dear Sir, 

please advice my wife filed

125 for maintenance

u/s 12 of DV act

and trying to file 498-a and 406 against me.

 

the marriage was simple one, no dowry ever demanded or taken,

i never even touch her harmfully,

All the cases are fake, she doesnt want to live with me,

I have also file a case u/s 9 to take her back.

 

 

 

Recently the court has started a monthly maintenance of 2000 per month,

She doent want to live with me, just want to harass me.

 

Please advice what should i do further to solve this matter in a better way. 



Learning

 2 Replies


(Guest)

Go through the following link and read about your concerns topic.

 

https://www.lawyersclubindia.com/forum/A-well-said-strategy-to-fight-false-498a-DV-and-maintenanace-cases-84890.asp

 

As per your query,You are not fixed with your objective as what you want?

You are alleging that your wife is not good and making her plans to file false cases than after knowing each and every thing why you have filled RCR?

 

Giving maintenance as 2000/- pm in RCR is like a King of Fool..)):

 

Withraw your RCR and file for divorce if you are not happy with her and she also not want's to continue with you.

The maintennace can't be denied to her wheteher it is RCR or it is divorce.

She is entitled to get Interim till the pendancy of such cases.

Open your eye's,Listen your Brain and Act as a Life Gainer.

 

Best of luck.

1 Like

Samir N (General Queries) (Business)     11 September 2013

More facts are needed to guide you. 

For 125 Cr.P.C. maintenance law kicks in... your income, her income, her qualifications, your qualifications, etc. are all important. Without knowing these details, it is not possible to give advice.

DV, is it only for maintenance? Has she specifically asked for Right to Residence?  Are both in same Court? I mean it is possible to file in both Family Court and MM court, therefore this question.

Under what basis was the 2000 p.m. awarded? Interim maintenance? What evidence was led? 

All cases are fact sensitive. Nobody can give you general advise without knowing all these details.  Were you living in a "shared household?" One owned or rented by you or her or jointly? When were you separated? How long have you not lived together for even a single day? Kids? 

First be happy that she does not want to live with you. Keep insisting on paper that you want her back. Keep collecting evidence that you are in love with her and desperately want her back. Let her keep declining your offers. If she does not want to live with you, her maintenance case gets thrown out, at least weakened substantially.  You will need a Good Advocate but thats an oxymoron. I mean Good and Advocate do not go together. They are either IDIOTS or CROOKS or both. So, be careful that you do not discuss your strategy with him at any time. He will sell it to the other side. Advocates are like prostitutes. Never sign any paper given by them just before the hearing. Thats their usual modus operandi. Read carefully at least two days in advance. Make corrections and only then sign. If he does anything unethical, file complaint with the Bar Council.


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