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Discussion > Family Law > Maintenance > False cases filed by wife dv 125, 23(2) pwdv act   Unanswered Threads Post New Topic

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Member (Account Deleted)


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[ Scorecard : 26]
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Posted On 17 June 2012 at 18:57 Report Abuse

Dear Experts,

This is my first post. I hope I will get the proper advise to fight against false cases filed by my wife. Though we have not done her anything, she had filed two false cases against me & my 60yrs aged mother 125 & 23(2) in Mar-2011 in JMFC & family courts, Davanagere (260kms away, where she is staying currently with her parents). My mother is a cancer patient & she had operated last year & still undergoing for post operative treatments. I am the only person to look after her at home. I dont have any other property, income other than monthly salary. I have applied divorce in Bangalore and she has asked transfer of petition in HC and this is still pending. In the last hearing, family court, davanagere ordered an interim maintenance amount to be paid every month to her along with the arrears from the date of case filing.  None of the procedures have taken place so far like crossing, evidence etc.) My questions are,

1. Till how long the two cases will go?

2. She has not attended the bangalore court for two times consecutively? Will it be an advantage for me?

3.  Will she gets the transfer of the case to her place.

Please help.

Nag



Ashish Davessar


Practicing Advocate/Legal Consultant/Legal Process Outsourcing, 08427414792
[ Scorecard : 6425]
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Posted On 17 June 2012 at 19:56

1. No one knows how long the cases would go on. Expect them to take anywhere between 2-5 years to be disposed of.

 

2. If she doesn' attend the hearing of the divorce petition, you can get an ex parte divorce decree in your favour.

 

3. Nomally, the wife does succeed in getting transferred the case to her place as the view of the courts is skewed in favour of women.


stanley


Freedom
[ Scorecard : 2979]
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Posted On 18 June 2012 at 10:27

Interiem maintanence is normally granted till the case is finalised .The case takes normally about 4-5 years depending on load they have .


Member (Account Deleted)


Associate
[ Scorecard : 26]
PRO CHAT CALL
Posted On 21 June 2012 at 11:47

Dear Experts,

Thank you all for your replies.  need more help. I can pay the monthly interim as per the order but I do not have enough money to pay the arrears (its nearly 14 months).

Can I ask the court to waive off the arrears? Will the court consider it? 

I want my wife to roam from her place to my place (260kms). Is there any case I can file so that she should not get any transfers and every time she should appear? This is just to make them softer because all the cases are filed at her place & she does not know the pain of roaming.

Please advise.

Nag



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