wife is showing unmarried in govt institute in which she is currently studying? does this fact can help in reduction of maintenace or avoiding maintenance itself ?
How this fact can be used as detterent against her?
Rajiv kumar (abc) 28 June 2013
wife is showing unmarried in govt institute in which she is currently studying? does this fact can help in reduction of maintenace or avoiding maintenance itself ?
How this fact can be used as detterent against her?
Rajiv kumar (abc) 28 June 2013
can it be put up like ( in court of dv maintenance) that she is not my wife, as she has stated unmarried in her office documents. so i will her this maintenance? she is the different person , who has left me back 8.5 years back , no contact , no meeting since 8.5 years ?
Adv. Chandrasekhar (Advocate) 28 June 2013
As per your first post, she is a student (not employee) of Govt. institute and if that is so, the wrong information about marital status will not help you. If you want to rely your defence in DV case solely on the ground of wrong information supplied by her in her Govt. Institute, you will be waiting for a rude shock, as the courts tilt towards the existence of marriage than not and also DV Act does not insist that aggrieved woman shall be married with the respondent and living relation ship is enough to invoke this Act.
Rajiv kumar (abc) 28 June 2013
Dear Chandu Sir,
I think you said quiet a valid point " any living relation " for DV. What if I say she is not the same person ( my wife ) , who has ever lived with me. we have never lived together ever in life. only my wife has lived with me. however this lady is unmarried as per her own records ( with a paper record).
Why should I pay a person, who has never lived with me? This is lady resembles with my wife but she is not my wife, because she is unmarried and we have never lived together? she is making fraud ?
Court may order to proove her identity as a person?
when the high court has already given order for interim maintenace , can any such argument in trial court can stop me forcing for making payment?
Adv k . mahesh (advocate) 28 June 2013
if you can take the document from RTI then that will be a valid evidence for the dv case
if you and your lawyer can argue with that point very firmly and convince the judge then your interim maintenance can be cancelled but if she says that the application was not written by her and she do not know the status of the application while applying over sight