Anil 21 November 2017

Dv act case

HI,,,

I am Anil. I reside in Delhi.

I am facing a false case of DV Act filed by my wife. This case is pending from last 8 years.

In this case my wife is seeking various reliefs including maintenance for herself and for our daughter aged 9 years. But court rejected her application of interim maintenance because of non-appearance of her and her lawyer.

Now, cross-examination is going on she ( complainant) is the only witness in the case, she has not filed any material evidence only her affidavit as evidence. And i have sufficiant proof to prove that the whole affidavit wrong.

My lawyer said "If she will not able to prove her allegations, court will not allow maintenance to her but will allow maintenace to child because its my duty. and I have to pay all the maintenace of last 8 years.

But i met an another lawyer in court according to him " if she failed to prove her allegations court will not allow maintence to her or child also because DV Act is criminal case and if dv not prove no maintenance to child also."

Question : which of the above version of lawyer is right.

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3 Replies

Vijay Raj Mahajan (Advocate) 21 November 2017

First version is correct, because although its domestic violence complaint, it's civil in nature and welfare of child is paramount in consideration even while deciding issue with regard to its maintenance and father has responsibility to maintain the child as well right to visit it.

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Advocate aslam (----) 22 November 2017

I agree with vijay raj

Anil 22 November 2017

Originally posted by : Vijay Raj Mahajan
	First version is correct, because although its domestic violence complaint, it's civil in nature and welfare of child is paramount in consideration even while deciding issue with regard to its maintenance and father has responsibility to maintain the child as well right to visit it.

Thanks for your response.

Is it mean that if court grant maintenace for about 5000 per month and its about 90months . Court will order me to pay 4.5 Lacs

What if i can't pay this huge amount.

Will she file exdcution petition?

Question 1. Can i ask the court ( during execution petition ) to make installment of the said amount. as I am salaried and earning 15000 per month

Question 2. To avoid this huge maintenance can i move to HC for quashing the DV Act case on the ground that another trial court has already ACQUITTED me in the case filed under section 498a/406 and allegations in both the cases are same?