Dear Advisors,
I need some help from you.
Today i received the court verdict from JMFC in case under DV act, which has directed me to pay an Maintenance of Rs 5,000/- pm + House rent of Rs 5,000- + an amount of Rs 50,000/- towards violence.
Let me brief you about my going through; I was an NRI at time of marriage, and then took my wife with me to Dubai, where she stayed for 2 months & vanished from there one day without informing me. After that she was in her father’s house for nearly one year, and then put a police case under 498a, in which she could not prove the allegations’ & we all were acquitted by the court. In mean time she filled 2 maintenance cases, one under section 125 in criminal court & the other in civil court. Then later on after completing of case under 498a, & after a gap of 2 years from time of deserting me, she filed a case under DV act, on the same allegations’ as in 498a, in this case I get a verdict as above. After this again maintenance is passed under section 125, as Rs 1,500/- pm.
Now in all the cases, she has admitted to the facts during cross examination that; she was Happy, staying with me at Dubai and at my fathers place. We had gone for outings & visited many friends’ places & they had visited us in Dubai. She had left Dubai without any information to me. The tickets were booked from here in India. She had pressurised police to call me back to India, due to this I lost my job. She never tried to contact me. Since she returned from Dubai she is staying with her parents only. Her father owns an ancestral agricultural land of 14 acres; one double storied building in the city. She is educated. She does not know whether I am employed or not at present, never enquired about it. She has not provided any proofs of harassments (mentally, physically etc) of any type.
I was not able to understand one thing from these cases; how can judge grant maintenance in DV act, when there is maintenance allotted to her in sec 125 by other judge. The allegations are same through out in 498a, 125 & DV act. I have filed RCR case which is ongoing (an interim maintenance is also allotted to her in this RCR for 1,000/-pm). The judge is aware that I am un-employed & lost my job due to her filling of cases. She has accepted in her cross examination that she was living happily with me.
Now my questions are:-
1. Is this case of DV act maintainable; if not then what/how should be my argument.
2. Under which law shall I appeal to the District court?
3. Can some one provide me with the High court judgements to defend my case?
4. Do I need to pay any amount of maintenance/rent allowance/lump sum as ordered by the JMF court; before the case is appealed in District court; how should I counter this?
5. Can I combine all these maintenance cases in one case? What should be the procedure to do so.
