498a cs not filed. dv case on going
Avinash
(Querist) 23 November 2014
This query is : Resolved
Hello Experts,
Me and mother have been falsely implicated in 498a case along with Domestic Violence in the month of July 2014. I was married only for 4 months and all this happened. I was able to secure AB for my mother in the month of August and for me in the month of November 2014. No one was arrested. My wife did so after receiving my divorce notice filed for cruelty and desertion. She along with 498a, filed DV case against me and my mother and now have moved an application for interim maintenance, She was working prior to our marriage and is a BTech graduate. She has more than 2 years of experience and now just for taking money from me she is not working and sitting at home. I have evidences of her working experiences and salary drawn which was almost equal as me. We had two rounds of mediation where she was asking for 10 Lakh as alimony in DV case and 20L during mediation. I refused to pay and mediation failed. She has also approached SC for transfer of Divorce case to her home town. I am contesting the cases. However, I need to know how to ensure that she does not get benefit of siting at home willingly. Also can she file multiple maintenance cases? What other cases she can file after 6 months of the initial case filed and 10 months of separation. CS is not yet filed in 498a case and there are no evidences provided by the other party but we have already submitted few evidences in form of emails and chats where she accepted that the allegations put against us is falsified and with wrong intentions. What shall I do at this point?
Devajyoti Barman
(Expert) 23 November 2014
Generally courts are loath of refuse maintenance of unemployed even if they are qualified enough to earn.
There are few judicial precedents but there is no unanimity on this and the court mostly pass orders on their discretion.
Put those proofs during trial of your 498A case.
Avinash
(Querist) 23 November 2014
Thank you,
Can she file multiple maintenance cases?
Devajyoti Barman
(Expert) 24 November 2014
Yes, at least 3 cases can be filed for maintenance alone.
Rajendra K Goyal
(Expert) 24 November 2014
Agree with the expert Devajyoti Barman.
Nadeem Qureshi
(Expert) 24 November 2014
Dear Querist
fight the case on merit, she may file multiple cases for maintenance but the maintenance will be paid only in one case which is higher amount.
file a quashing petition before court after submitting the chargesheet if you have very strong evidence in your favour.
feel free to call
ajay sethi
(Expert) 24 November 2014
you have to fight all cases filed by your wife on merits
T. Kalaiselvan, Advocate
(Expert) 27 November 2014
Yes you can challenge all her cases appropriately with the help of substantial evidences in your possession. Let she come out with multiple cases against you, she will become fed up paying her lawyers every time when a new case is filed or every time the cases are being dragged without any progress. You may also adopt dilatory tactics to put pressure on her.
