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DV victimmmm ( )     22 April 2014

Punishment for niot taking greedy wife back ?

Dear experts,

My wife filed dv case in November 20111 which was dismissed by JMFC court in Feb 2013. The judgment of DV case says that she could not prove any cruelty and evidence on record clearly show sthat she was never ill treated by me.Sshe filed a revision in session court but did not contest it till date. She filed crpc 125 case with same alleagtions in family court and i filed dviorce case after 2.5 years of separation in March 2013.The family court ordered me to pay rs 8 thousand but stated in the judgment that her application is allowed only because because I am not ready to take wife back. The judgment also states that there was no cruelty or ill treatment from my side till wife was living with me.The judge clearly mentioned that The court is not at all convinced that she was ill terated at any time by me and all allegations are disproved by the evidnce placed before the court .

Now my wife is trying to earn some more money by saying that she is ready to cohabit with me. She has started proceddings in sessions court now for DV case revision
My questions are :

1. Can she get a residential order and other reliefs even if no cruelty was proved and all her allegatuions are disproved by my evidence.
2. I have filed case for divorce, how can this be a reason for the court to say that now she is ready to cohabit, so she deserves maintenance?

 



Learning

 8 Replies

mahavir singh (ADVOCACY)     22 April 2014

She can ask for maintenance. And right of residence even after divorce. For more call09910657998 mahavir singh advocate.

Adv. Chandrasekhar (Advocate)     22 April 2014

As you have not challenged maintenance order, it will prevail till be off-set by any competent superior court.  As for residence order, she is entitled through court order or otherwise, till you get a valid divorce decree through competent court.  Mere pending divorce proceedings does not bar the wife to enter matrimonial home.

DV victimmmm ( )     22 April 2014

Dear experts,

The DV case is dismissed and the maintenace order came just last week.

I am going to HC for appeal.

it is the revision in the session court now.

As I have denied to bring her back, can she get residence order on this poing.

both courts already said that no ill treatment or cruelty from my side.

advocate Avdhesh chaudhary (advocate/ legal consultant)     22 April 2014

in revision of DV act she may residence orders as still she is your legally weded wife & even you have noy illtreated her. for brief you call on 09891507137


(Guest)

she can get the residence order since she is your legally wedded wife.

regards

Sunishchai Sachar

9811576667

great india (manager)     22 April 2014

Boss her rtr is her legal right no one can stop. Now the point is which place she claims her matrimonial home. You can ask her to shift into rental accommodation else pay rent in lieu. But .......and a big BUT......she adamant n crooked, she has full right to barge in. She is trying now to irritate u and finger you for you inflicting cruelty both mental and physical. Take rental accommodation cheap one and ask her to join. Then see what happens. Ask court to send her to join you in a chawl type place. If she acting so crooked, why dont you play smart.

fight (personal)     23 April 2014

Please also call up save Indian family helpline 08882498498 for free legal advice...

fight (personal)     23 April 2014

Please also call up save Indian family helpline 08882498498 for free legal advice...

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