Domestic violence
Querist :
Anonymous
(Querist) 24 December 2011
This query is : Resolved
Dear Experts,
Wife had filed a false case under DV against my whole family in Feb 2009 n also got X-party order to stay in home. Misusing the law she harrased us all the possible way. At one time when I wasnt home,Mar 2010, she attempted almost killing my mother hitting her in had iron lock and left her bleeding. Considering this (case under 324 was filed against het) session court had set aside the order. Later on even she was CA,MBA and earning abt 18-20000, Session allowed her rent pay of rs. 5000 per month. To which she appealed in High court for 13000. HC granted 7500 relief and also directed lower court to decide matter in 2 months (July2010). She later left job purposly and claimed for intrim maintenance just submitting me as reason to leave job and got relief of additional 7500 in Mar 2011. Currently she is submitting evidences which is taking long time. NOW it came to knowledge that she had left the earlier job and had joined to another good job where she also get accomodation. But I am unable to get any documentry proof. I had requested info under RTI at her job place. But rcvd nothing positive as its private organization. Lower court seems biased and giving longer dates(1-2 weeks) even my advocate asks for short dates. If she files application under 125 to claim maintenance amount, court imdly ask my lawyer to deposit the amounts. I am fustrated paying 14500pm. Kindly advice as I am suffering becoz of Courts behaviour and MAJORLY on financials.
Warm regards.
Nadeem Qureshi
(Expert) 24 December 2011
Dear Querist
collect any documentory proof in this regard, in Indian legal System woman have very strong position.
feel free to call
V R SHROFF
(Expert) 24 December 2011
You clarify your financial difficulties.
How you allowed her to prove you can pay 14.5k.
It is she who have to prove your income!!.
You have to p[rove you have to maintain your old agd parents, spend for housing etc.
if u r suffering becoz of Courts behaviour and MAJORLY on financials, you say so 7 ask to reduce mtn, or say u r ready for jail, if order is executed??
Is order executed? or only ordered and r paying?? Or ur adv misguiding u as he be getting his cut out of ur payment???
Rahul, you check on it.
ajay sethi
(Expert) 25 December 2011
court has passed order directing you to pay rs 14,500 per month . you have found that your wife is working in some orgaisation that she is well qualified but you dont have any documentary proof .
hire services of detective . based on evidence gathered make an application for modification of order as she is doing well professionally .
prabhakar singh
(Expert) 26 December 2011
One thing is known to you that where is she engaged but they are denying RTI as they are private concern.Still it can work if you do some Labour to create rapport with HR or drawing dispersal authority and just try to know the a/c in which her salary is dispersed,then rest can be easily done by your lawyer engaged in the case.
Shonee Kapoor
(Expert) 26 December 2011
Rather, just try which bank branch the salary is deposited.
Then follow it up from there.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
