Urgent help - dvc maintenance case

Experts, any suggestion?

Easy case... I am not an advocate but have won DV, divorce, etc. cases all the way up to High Court, on my own, while my ex- hired an army of lawyers.  So, take me seriously to avoid long term problems under DV.

The first thing about DV that you must do is to get it thrown out on maintainability of the case itself. There are many grounds for doing so which your advocate will most likely not know. Why? Because most advocates are idiots and those who are not, do not do any legal research for their clients.

1. Did you stay with her in a house that was owned or rented by you or her at any time? If not, you have grounds to get the DV case thrown out because for DV case, there must be a domestic relationship in a "shared household."  Your parents'  or her parents' house are not shared household. If  this fact is applicable to you, let me know and I will provide all necessary details along with judgments in support, etc.  to get your case thrown out.

2. What is the time interval between the filing of the DV case and your separation. If it is more than 1 year, you can get your case thrown out.

3. See if the allegations qualify as "domestic violence" as that term is defined under the Act. 

4. Read her petition carefully and mark all the contradictions. There must be some. They help to prove that the case is fraudulently concocted.

I do not think that you can be forced to pay maintenance without giving you an opportunity to be heard. Also, look at the sections of the DV Act under which the case has been filed. Let me know. 

Get all your evidence in order regarding her income. Put her in the witness box and present this evidence, one after the other, and have it marked as an Exhibit on the record. Otherwise, your evidence may not be admissible. DO NOT FORGET THIS. 

Hope this helps.  Let me know if I can be of any further assistance.

Thanks Sir...

Since orders were passed in Oct 2012 , almost 10 months back and I am not even aware of it and I came to know last month only to attend the case.

My questions are

1) Can I go for appeal in session court or High court

2) 100%, I prove paper evidence of her income...Still Judge asks me to pay amount like 3000 etc...

Reason, I am insisting maintenance, I don't want to pay single paise as she filed all false cases and put 498a in police station.

I am ready to fight..Help me in this...

You have not answered one important question:

"2. What is the time interval between the filing of the DV case and your separation. If it is more than 1 year, you can get your case thrown out."

3. What are the allegations in the DV petition?

Whether you have to go to Session or High Court, depends on where the case was filed. If in Family Court, I think appeal goes to High Court. If from Magistrate, appeal goes to Session. If from any other Court, you have to check and ask as some states do not have Family Courts.

"Paper evidence" is not evidence by itself.  I mean you have to be very careful about what you call as evidence. It must be in original and must be presented to her during her cross-examination and marked as an Exhibit to be accepted as evidence. Otherwise, the Judge may not consider it at all. If you have not done so, then  depending on the stage of your case, you will have to file an application to cross the witness again. 

If she has filed false cases against you and nothing was proved against you, that constitutes a basis for cruelty against you and you can file for divorce on that ground alone. 

General words of advise:

1. Plan a strategy in writing and do not do something in haste.  After you have a plan, execute the plan, step-by-step, like a business plan, altering it along the way, if required. 

2. List all the evidence you have or will have and plan to get it.

3. Hire a private detective, if you can afford one, and get his statement about where she goes for work, etc. The private detective must be licensed. Ask him, as condition for his services, that he will have to give an affidavit and appear in Court. Pay him in installments so that he does not back out at the last minute.

4. Do a LOT of reading on applicable laws (depending on your religion, laws may be different. I am only familiar with Hindu Laws but DV applies to all, uniformly).

5. File an application with the Court, in writing, asking for time to respond. If he rejects it, appeal it. This buys you time... -:)

6. Be very careful about hiring the right advocate. Do not pay him a lot upfront. Pay as you go along. If you find anything suspicious about him, do not hesitate to terminate his services. Never given him originals of any of your documents, filings, etc. Always, let him keep copies only.

7. Have a BINDAAS attitude otherwise the stress will kill you. Show her too that you really do not give a damn about the proceedings however in Court be very very serious.

8. Make an outrageous offer of settlement (like she has to pay you 25% of her salary every month for mutual consent divorce) so she knows that you are planning to fight her tooth-and-nail. Make this offer orally through her lawyer.

GOOD LUCK!

Hi Samir,

B**ch is smart and wanted to extract money. She filed 498a in April 2012 and DV in Sep, 2012. She made sure DV falls within 1 Yr.

Allegations are same as 498a copy.

She told we demanded 5 lakhs and 100g of Gold and harrassed her mentally and physically.

She made allegations that she received blood injury when I hit her. Fact is I never hit physically. No neighbour nor security in out apartment saw that.

But she produced withness in Police station (Brother-in-law's driver) that I hit her (But no entry in Security register of driver or his brother-in-law).

She intentionally lodge 498a and DV to extract money. Now demanding 15 lakhs to close all cases and go mutual divorce.

I declined to give single paise, so filed DVC and asking below reliefs.

1) 20,000 per month as maintenance (Even though she is getting 40,000 per month,  I have her 26AS from Income Tax department, I know her PAN, so got from my cousin who works in IT dept), I have 2013, 2012 and 2011 IT 26AS, where source of income and credit amount shows 40,000 per month.

2) 20,000 as medical expenses as she suffered mental pressure because of me.

3) 8 Lakhs of Dowry that they gave - Allegations are false

4) 15 Tulas of Gold that they gave - Allegations are false

5) 5 Lakhs of marriage expenses - I believe marriage expenses should be around 3 Lakhs..but for us also it came same..Do we need to consider this also?

6) 5 lakhs of personal loan that she took before marriage 1 yr before and she alleged that I hit her and took 5 lakhs, which doesn't make sense. She is not a kid that I took her money by hitting.

7) Residential order (She is getting 7,000 per month as HRA), before filing DV, I gifted my flat to my mother using sub-registar deed in July 2012.

She filed case in MM Judge and Judge passed Interim Order of 8,000 without my knowledge last year Oct 2012. I got summons only last month after 10 mnths and I appointed lawyer immediately and I came to know above facts when I attended the court. Judge gave 10 days to file counter.

If I submit 26AS in the counter, showing 40,000 per month as her come, will Judge reject her interim maintenance or do I need to go to session court?

I have her PAN copy also it is reflecting in 26AS.

Let me know ur suggestions.

Thanks,

Raja

 

 

 

 

 

 

 

 

" I have her 26AS from Income Tax department, I know her PAN, so got from my cousin who works in IT dept),"

Be careful about this. It can get your cousin in trouble. Better to get summons issued to her company to disclose this information. 

 7) Residential order (She is getting 7,000 per month as HRA), before filing DV, I gifted my flat to my mother using sub-registar deed in July 2012.

Not a good idea to gift flat to mother to avoid claim by wife.  There are judgments to undo such steps when they are intended to subvert third-party claims, such as one by your wife. Better option would have been to say that the flat was purchased by your parents' monies and have them file a claim, etc. and then lose in the litigation. 

Important question: Did you stay with her in your flat or in your parent's flat?

In your WS in DV case, just deny all allegations, with specificity, and show all evidence. In her cross, get the evidence ON THE RECORD  to support your case.

Your best option now, with respect to the order passed by MM is to go to Session Court as I think that MM court loses jurisdiction over an order it has passed. It cannot overturn its own order. In Session Court, you will also have to file an application to condone delay. It will be accepted. Ask Session Court to stay proceedings... You may ask MM Court also that you are going in for revision so please hold off...  Just keep buying time and frustrate the heck out of your wife. You need to play fire with fire.

Also, file civil cases against her brother, mother, father, etc. stating that they have extorted monies from you by taking monies from you in cash to pay for...this this and this and have not returned any despite promise to do so.  Take the battle to their backyard.

Learn a bit of law to know how to file such cases. Someone has posted something of relevance referring to it as Chappal Pooja:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=87158&offset=1#.UhxAn9JHIhw

Hi Samir,

I believe court doesn't care how you got evidence. I need not reveal how I got it. I will never reveal about how I got 26AS.

Since Gift deed is irreversible, it will not be an issue. I mainly did, not for DVC but she can claim property at later point of time.

I will not tell abt gift deed in DVC counter.

I am going to high court for appeal and producing all evidences, Lawyer is telling MM Judge is behaving like biasing towards women while granting interim maintenance as standard 8,000 per month without actually knowing facts.

So we don't have any choice but to go high court.  I am going to high court for appeal. I am asking to cancel interim maintenance.

My lawyer is telling chances of making 3000 is more like even though she is getting 40,000 per month.

Do u have any suggestions to make interim maintenance completely ZERO.

I do not think that you can go from MM court directly to High Court. You have to go to Session Court unless you do not have one... Check with your lawyer about this procedural aspect.

There are LOTs of judgments which will support you in your opposition for her maintenance:

1.      In Sanjay Bhardwaj & Ors. Versus State & Anrs, 2010 (5) CRJ 446(Del) also reported at 2010(118) DRJ 385 (Exhibit at page 21) the Delhi High Court ruled: “An unemployed husband, who is holding an MBA degree, cannot be treated differently to an unemployed wife, who is holding an MBA degree. Since both are on equal footing, one cannot be asked to maintain other unless one is employed and the other is not employed.”

2. 1.      In II (2000) DMC 170 titled as Mamta Jaiswal Vs. Rajesh Jaiswal (See Exhibit at page 9) the Hon’ble Madhya Pradesh High Court has observed as under:

“Section 24 – Pendente Lite Alimony : Purpose of Enactment : Not meant for supporting idle (Qualified) spouses waiting for ‘Dole’ to be Awarded by her husband – Section 24 has been enacted for purpose of providing monetary assistance to such spouse who is incapable of supporting himself/ herself in spite of sincere efforts – Spouse well qualified to get service immediately with less efforts is not expected to remain idle to squeeze out his/her purse by cut in nature of pendent elite alimony – Wife well qualified woman possessing qualification like M.Sc., M.C. M.Ed – How can such a lady remain without service – lady who is fighting matrimonial petition filed for divorce, cannot be permitted to sit idle and put her burden on husband for demanding – pendente lite alimony from him during pendency of matrimonial petition.”

Daman Reet Kaur vs. Indermeet Singh (Check the net for citation)  the MM Judge in Delhi denied maintenance to a wife who was working before on the grounds that if she tried hard, she could be re-employed. 

The fact that your wife is already working is GREAT fact for you. But what is more important is how much are you making or rather what will she be able to prove about your income...