Family disputes advice - 498a, dv, u/s 18 hama
deepgentle
(Querist) 18 February 2012
This query is : Resolved
Hello Sir,
I have been harrassed by my wife, and she has filed false cases against me. Brief history is that in Year 2010 She has filed DV act against me and have asked maintainence of Rs.5000/- per month, but till date there's no summons served to me nor there is any order passed regarding the maintainence, its still pending. So, now in Nov 2011 she has filed u/s 18 HAMA act & in this she has asked for Rs.25000/- maintainence per month, which is also pending and now the argument will start. And when she filed u/s 18 HAMA in 2011 she has said her in petition of intermin maintainence & affidavit for the same that she has not filed "any such other application for the same cause". I still dont know whether she is working currently, but i doubt she is...!!!! and if she has a job, her Salary would be Rs.20,000 to Rs.25,000 P.M. Where as my salary is Rs.25000/- PM. Currently we are staying separate since 2 years & got seprate in 3 & half months of marriage, since March 2010. We dont have any child. I have a proof that she's having an affair.
Cases on me : 307,498A,504,323,34 (were filed in march 2010). DV Act (was filed in june 2010). 406 (was filed in nov 2010). u/s 18 HAMA Act (was filed in Nov 2011)
My doubts are.....
1) Can she file such type of two maintainence cases?
2) Can the said application of 18 HAMA Act be dismissed on the grounds of false legal submission? As she came with unclean hand?
3) Can the said application of 18 HAMA Act be dismissed on the grounds of same cause of action?
4) Is this the Jeopardy?
5) Can this be dismissed on the grounds that she is working & earning good Salary?
6) Can this be dismissed as she lied by taking oath that she is house wife, and have given affidavit for the same but currently working?
7) Is DV Act & u/s 18 Hama Act are different & she can file both cases?
8) Any other suggestions / guide line from you? Please help?
Highly appreciate your valuable time, please do suggest me sir.
Thank you Sir.
Adv Archana Deshmukh
(Expert) 18 February 2012
Two maintainance cases can be filed, there can be no dismissal on this ground. However, if maintainance is awarded in one case, it will be taken into consideration by the other court while deciding the quantum. If she is working and earning a good salary, then the maintainance case can be dismissed on this point, however YOU WILL HAVE TO PROVE IT.
Sankaranarayanan
(Expert) 18 February 2012
If you have proof of evidence about her income by way of earning then you can prove it and get excemption on maintance from court order
V R SHROFF
(Expert) 22 February 2012
My doubts are.....
1) Can she file such type of two maintainence cases?
YES
2) Can the said application of 18 HAMA Act be dismissed on the grounds of false legal submission? As she came with unclean hand?
NO
3) Can the said application of 18 HAMA Act be dismissed on the grounds of same cause of action?
NO
4) Is this the Jeopardy?
NO
5) Can this be dismissed on the grounds that she is working & earning good Salary?
NO
6) Can this be dismissed as she lied by taking oath that she is house wife, and have given affidavit for the same but currently working?
NO
7) Is DV Act & u/s 18 Hama Act are different & she can file both cases?
YES
8) Any other suggestions / guide line from you? Please help?
PROVE HER AFFAIR+ PROVE SHE IS EARNING
& THEN FILE DIVORCE
