Dv case, rcr
K Animesh
(Querist) 08 August 2014
This query is : Resolved
Hello Sir/Madam,
I am married for last 8 years and due to the wedlock I have 3.10 years of girl chid.
My wife deserted me and taken my daughter with her to her parents place and is not allowing me to even talk to her.
She deserted me in July 2013 and returned back in Feb 2014 when I convinced her to come back to take care of the family but only to leave me again on Apr 16 2014.
She conveyed to me that a DV case was filed in Oct 2013, since I convinced her to come back, it was kept pending.
After she again left me in Apr 2014, I moved a RCR petition in June 2014 in Pune. she is not appearing.
In turn she has arranged to send her Lawyers’ notice, asking me to appear in the DV case which was filed in Oct 2013 and asked for heavy maintenance and praying me to keep away from my daughter.
My queries are:-
1. My wife was working in Pune and after deserting me she was working in Lucknow. I have all proves of her working in Pune but no proof of her working in Lucknow.She has claimed that she is not working in her affedevit.
Q- If I bring all proves ( IT returns, Bank Statements-Salary Deposits)of her past work experience and proves that she is well qualified-MBA-IT; will I still have to pay her maintenance? Does capability of working and sitting deliberately at home just to claim alimony amount compels me to pay?
I am ready to pay for my daughter and her school fees willingly, but only for my daughter.
Q- Can I challenge the Jurisdiction of the DV case, considering the fact that she was a resident of Pune and incidents took place in Pune and she is filing cases just to harass me and extort money? And she is not appearing in RCR case in Pune.
Q- Can I ask the High court to quash the DV case, citing a criminal conspiracy, for that she has come to my house to implicate me?
My liabilities are enormous, 25K loan, 18 K my house hold exps, 8K-10K my parents exps, 13-15 K savings for my daughter ( marriage & education, I am left with 6-7 K a month, out of which I can meet my daughter's exps. I have an unmarried sister, for whom I have withdrawn my PF of 3 lac and kept that as FD for her marriage, it’s in single name.
Q- Considering my liabilities, how much maximum will I have to pay, considering she objects to my savings for my daughter and my sending money to parents? Is there a provision to pay 2/3 of salary?
I can’t pay lump sum, as it’s my PF money and I have kept it for my sister. Do I move all FDs etc. in my mother’s name? will that help?
Q-My house in Pune is in joint name with my wife but I have paid all the EMIs so far, if she does not come to reside with me even after ex-parte in my RCR and I turn for divorce, what can I do to remove her name form my house? I have nominated this house in my daughter's name in the records of society.-It's not registerred.
While she left me in 2013, I was earning lesser than what I am earning now, can this be of any help? That time also, I have huge liabilities. Point is while she was staying with me; my standard of living was lesser than that of now.
Plz help me, all my hopes to bring truce in my life and in my daughter's life is now diminishing day by day.
Thanks
Animesh
ajay sethi
(Expert) 08 August 2014
you will have to pay maintenance fr your daughter . wife is not entitled as she has been working in past and is highly qualified
you cant challenge jurisdiction if your wife is staying in place were DV is filed
DV case wont be quashed . fight on merits
ajay sethi
(Expert) 08 August 2014
you will have to pay 1/3rd of your salary as maintenance
dont keep any FD in your name .
your wife is 50%owner of house . you cant remove her name .
V R SHROFF
(Expert) 08 August 2014
Agrees with advise of Shri Ajay .
Her previous job+ Ed Qualification will reduce Mtn.
Your Gross Income is considered; not Nett.
Try to patch up..
K Animesh
(Querist) 08 August 2014
Dear Sirs,
I also agree with Shri Sethi, but I am concerned that my liabilities are huge, as I have mentioned in my query. Now this litigations exps, Lko Visits for case etc. Its adding up.
So I will certainly prove my case that I should not be paying any maintnence as she is/was working and highly qualified.
Come what may if I have to pay( Depends of Lko Court judgement), how much approx that could be considering 25K loan, 18 K my house hold exps, 8K-10K my parents exps, 13-15 K savings for my daughter ( marriage & education, I am left with 6-7 K a month, out of which I can meet my daughter's exps.
She has asked for 40 k per month. 1/3 is close to 23000. I cant even pay that much.
Q-Plz clarify, Shri Shety, in 1st reply you said , I dont have to pay but in next you said 1/3 has to be paid, bit confused. pl clarify.
Q-If She agrees to go for Divorce in that case can the name form the house not be removed?
I have been paying all EMIS till date, except for her name being there she has hardly contributed any money, can this not become ground to fight the case and ask the court to remove her name post divorce?
Thnx Animesh
V R SHROFF
(Expert) 08 August 2014
court do not consider EMI or Loan etc.
At the most , your share of disable old parents , considered.
Though her actual earning is taken for mtn; she can argue, who will look after child/ her schooling,so she cannot join job!!.
Judge will decide on mtn, necessity of wife & child, your gross income & property....
HOPE,NOW NO SCOPE OF DOUBT..
K Animesh
(Querist) 08 August 2014
Shri Shroff, Thanks for the reply, but if courts do not consider Loans, than they should suggest how to repay the huge House loan also. Or court should allow selling my organs. I mean I can’t default on my loans, then Bank initiates another court proceedings and recovery of the loan would happen. you know.
Otherwise, she should also share the EMI as the house is jointly held and the Loan in in Joint name.
Is the Law in this country is really blind, I wonder.
Laxmi Kant Joshi
(Expert) 08 August 2014
If you will prove that she is highly qualified and was a working lady as you said you have the evidences, exhibit them before the court , if she is still working and you have the proof or at the time when she had filed the case she was working and she had mentioned in her affidavit that she is not working then move an application in the same court u/s 340crpc for perjury , court will not pass any maintenance to your wife but you have to pay maintenance for your baby .
Devajyoti Barman
(Expert) 08 August 2014
EMI is generally works against the husband in maintenance cases.
