Pwdva on me by my wife in oct 210 in kkd, delhi

S P Goel (Querist) 02 April 2012 This query is : Resolved
Respected sir, Thanks for earlier help given to me. My wife and two sons 31 yrs Service with Rs 24 lacs package and 26yrs Student of MBA after engineering left house in Oct 2010 and living separately in Delhi, my wife files a case under PWDVA in KKD and notice served to me, March , I did not give reply. I replied in June 2011 and they did not submit rejoinder in Sep 11, only advocate came and then again in Dec 11 , not submitted and only proxy advocate attended and penalty imposed on them by court Rs 600 and now date is in April 2012, I wish to know ,01 if my wife do not submit rejoinder now, whether case may be dismissed.

Other facts-

01 She has not filed any application for maintenance u/s 125 but demanded in main application u/s 12 . Demanded monetary relief ., medical and medical expenses.u/s 20.

My wife and my both sons are enjoying, house is in my name, in first hearing , they had taken interim relief on house not creating interest of third party, we have filed an application in Dec 11 for waival this condition.

Kindly advice me, 01 dismiss is possible of not, ultimately what can be my responsiblity, I am not earning anything, she had mentioned in NCR also in Oct 10.

Any detail, I shall be pleased to submit sir

thanks and best regards

S P Goel
9810101999

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Shonee Kapoor (Expert) 02 April 2012
cases once filed would need to be fought.

Ask the court to close the right to file rejoinder.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

ajay sethi (Expert) 02 April 2012
your wife has right to stay in shared household . court has granted injunction restraining you from creating thrid party rights .

you cannot dispose of said property .
even if you are not earning anything you are bound to maintain your wife

V R SHROFF (Expert) 02 April 2012
You are already advised properly by Shri Shonee & Shri Sethy.

u have to defend yourself.
Even if she did not ask mtn u/s 125, she can ask it under DV act, mtn+ residence+ injunction not to sell or trf+ shared household.

DV , u r at looser's end, She gets.
Can't help against Law.

Nadeem Qureshi (Expert) 02 April 2012
Dear Mr. Goel
I agree with Mr. Rathi,

Adv. Chandrasekhar (Expert) 02 April 2012
Filing rejoinder or not is her option. If she chooses not to avail that opportunity, it is upto her. The reliefs she is asking under DV Act can be granted to her only if she succeeds to prove domestic violence against you. So prepare your case in that direction that she cannot prove domestic violence against you.

S P Goel (Querist) 04 April 2012
Dear sir,
Thanks to all , s p goel

S P Goel (Querist) 04 April 2012
Thanks sir

S P Goel (Querist) 09 April 2012
Respected sir, Thanks for providing your opinion and valuable guidance, I* am personally oblige sir thanks and best regards S P Goel Delhi 9810101999