Maintanance & dv
ABUL
(Querist) 03 October 2015
This query is : Resolved
Dear Team,
My clients wife has filed a maintenance (125 crpc) and an ad interim maintenance order was passed without any notice and the same had been stayed by us through District Judge
Again she filed DV u/s 12 suppressing the above fact and again an ad interim maintenance passed by another JM. Plz advise what are cases and against which sections we can file against the wife and also can the DV be stayed, my client has already filed restitution
Secondly is there any judgement passed recently by SC that if husband filed restitution then maintenance is not applicable, if yes plz share me the judgement
SAINATH DEVALLA
(Expert) 04 October 2015
If U R an avocate,why did U advice him to file RCR.RCR always annoys the wife's side and then they start filing 498A and DV.U unnecessarily give them a chance.
If you have stringent proves that is beyond any doubt and that could easily replicates her malafide intension for extortion then it's best time to file quash for her false DV. Indian evidence act for all your existing proof's and see whether it can be used as evidence or not,try to gather some more proofs which illustrates her behaviour.
Rajendra K Goyal
(Expert) 04 October 2015
RCR is toothless, not able to provide reliefs required.
We do not provide judgements.
ABUL
(Querist) 04 October 2015
498 already filed nd my client has been bailed
SAINATH DEVALLA
(Expert) 04 October 2015
Now U are comming out that 498A has been filed and bailed out.Nothing more U have to save Ur client with merits from Ur side and prove the case is wrong.
Dr J C Vashista
(Expert) 04 October 2015
Contest the case(s) on its merit and protect interest of your client as a sincere professional lawyer.
T. Kalaiselvan, Advocate
(Expert) 10 October 2015
There is no legal infirmity to file maintenance under DV act too despite a maintenance case under different other laws. The RCR has no such powers to stop the court from passing any order for the maintenance sought in any other provision of law.
