Can my wife get resodence order in dv
DV victimmmm
(Querist) 22 April 2014
This query is : Resolved
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?
DV victimmmm
(Querist) 22 April 2014
Please read the title as "Can my wife get Residence order in DV"
sorry for the typing mistake
ajay sethi
(Expert) 22 April 2014
sum of Rs 8000 is payable because you refused to take your wife back . since Dv case has been dismissed ad your wife has not seriously contested case in revision residence order may not be passed by court
Devajyoti Barman
(Expert) 22 April 2014
residence order is unlikely to be given in this situation.
Advocate. Arunagiri
(Expert) 23 April 2014
1. You have to pay the maintenance as per the court direction.
2. The sessions court can pass orders on merits of the case. The sessions court is having powers to order Shelter.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 April 2014
You and similar others who are seeking legal divorce has no specific advantage instead they are taking life long liability of maintenance like cancer.
It if futile to hope that after divorce you can marry again and live happily. There will be two hanging swords on your head.
In all such cases person should should seek nullity of marriage .
DV victimmmm
(Querist) 23 April 2014
Thanks a lot experts for your valuable comments.
In DV case she always asked for separate resisdence saying that there is no gurantee that I will treat her well. In crpc 125 she told the court that she is ready to live with me. Is this conduct not enough to show the court that she is just playing with court for getting more money ?
ajay sethi
(Expert) 23 April 2014
Dv cases have become a mechanism to extort money from husbands . the provisions of Dv act are misused to settle scores and to harass the husbands .
Devajyoti Barman
(Expert) 23 April 2014
Yes, show the copy of 125 petition in sessions court.