Please urgenly help required on dv case which is registered after 5years of divorce
Ajay Kumar Reddy
(Querist) 09 October 2015
This query is : Resolved
Case :-
I am Ajay Kumar Reddy, I got divorce from my wife April 2010 on cruelty basis. I won also 499A case on Aug 2012. She is not getting maintenance from Family court because she is working as professor. She is getting monthly salary nearly Rs.35000/-. I am paying maintenance for my daughter, who is 14 year old. Now she has applied DV case against me after divorce of 5year. I am not residing with her last 9 years (from August 2006). My parents are also residing in different city which is just 35KM away. But my wife & I leaved my parent’s house from April 1997. Now court has registered on DV case against 3 person (Myself, father-82yrs old & Mother-72yrs old). She has forcefully unauthorized captured my purchased house. This thing has written in the judgement of Divorce & same in the 498A judgement also. For eviction of that house civil case is going on the Session court.
She demanded following things:-
1. She wants residing on that house which is captured by her.
2. She wants maintenance for her & children. She wants money which is invested by her to making unauthorised civil construction. For that illegal construction I got stay order from Civil Session court.
3. She wants “Stridhan”. But in 498A case in that evidence she has accepted that every things in her hand. But she has captured my things I have applied 406 against her and which is going on High Court, Bilaspur.
Please give me suggestion on following:-
1. After 5yrs of divorce, from 9 years we are not residing in shared house & from 17 years my parents are not resided with us. Weather this DV case is maintainable? Any Judgement on this matter from Supreme Court or HC?
2. Weather after such long period she has applied DV which is maintainable? Any Judgement on this matter from Supreme Court or HC?
3. When family court has rejected the maintenance whether JMFC can decide maintenance who is getting very good salary? Any Judgement on this matter from Supreme Court or HC?
4. I won 498A and the charges are all most same in DV also. When I won 498A case then on the same matter she can fight DV? Mean on same fact weather she can put DV. Whether it can be maintainable? Any Judgement on this matter from Supreme Court or HC?
5. After divorce weather she can get residential rights from me? Weather it is maintainable? Any Judgement on this matter from Supreme Court or HC?
6. When I am paying maintenance to my child so weather she can get multiple maintenance by DV.
Please Help me. It is urgently required to me. If any judgement on this case which is relevant to me then please provide me.
Ajay Kumar Reddy
P. Venu 
(Expert) 09 October 2015
In the light of the facts stated, you have a fair chance to get discharge. Apply for the same.
Guest
(Expert) 09 October 2015
When facts are in your favour, for what purpose you feel the need for any judgment and why you want to make homework of your lawyer?
Rajendra K Goyal
(Expert) 09 October 2015
Facts have merits in your favor.
Judgements not provided.
Ajay Kumar Reddy
(Querist) 09 October 2015
Respected all Experts,
Thank You Very much experts Mr. Sudhir Kumar, Mr. P. Venu, Mr. P.S.Dhingra & Mr. Rajendra K Goyal.
My DV case present status is following:-
1. I have given application to JMFC with the all facts and along with Judgements of Indrajeet Garewal and 3-4 judjments also But JMFC has rejected my application of not maintainability of DV.
2. Recently I am going to appeal session court for not maintaiability of DV. I got little puzzeled so i need help from all renouned experts.
So please reply as per my points also.
Thanking you,
Ajay Kumar Reddy
SAINATH DEVALLA
(Expert) 11 October 2015
The reasons for rejecting UR application?why get puzzled for appealing in sessions court.U have mentioned too many points,most of them are irrelevant to Ur present case status.
K.S.Srinivas
(Expert) 13 October 2015
Better consult a Lawyer with all documents and take his advice. Unless all the facts/documents are seen, proper advice may not be possible.
Ajay Kumar Reddy
(Querist) 13 October 2015
Respected Experts,
First thank you to respected Mr. Sainath Devalla & Mr. K.S.Srinivas.
Respected K.S.Shrinivas whatever the facts are given above all are in the same in documents also. But on the non maintainability of case JMFC Judge has rejected, So my cofidence little bit down.
But after consulting all experts when u all giving the arguments & help i can understand the law by urs eyes & same confidence also enhance. I am having Lawyer on that case but after getting the judgement v both r little bit puzzeled.
So please give yours valuable argument & help me on matrix of case case.
Thanking you,
Ajay Kumar Reddy
SAINATH DEVALLA
(Expert) 13 October 2015
What are the grounds mentioned in DV,U are saying the same as mentioned in 498A/ can U clarify.If she has failed in 498A,why would she state the same reasons in DV.
According to my observation 90% of such complaints have failed.
K.S.Srinivas
(Expert) 13 October 2015
Since you have won the 498A case and not residing with her since August 2006 and your parents are also not staying with her since April 1997 and living separately, the chances of winning the DV case are bright.
In this connection, the judgement of Bombay High Court, Nagpur Bench in Criminal W.P.No.32 of 2014 between Koushik v. Sangeeta Koushik Gharami & others may be helpful to you.
