Dv act 2005

Querist : Anonymous (Querist) 29 December 2011 This query is : Resolved
my wife had filed a false d.v. case on entire family. date for my w.s. is next week.i have proofs to prove their allegations false.i wants to...............................(1)when should i ,submit proofs at this date(my w.s.) or during cross exam of her? (2)is intriam maintainance will be passed after w.s. or after her cross? (3)if i prove allegations are false then still she can take maintaince? (4)if she is taking allready maintainance in my rcr(through sec 24),still she is eligible for maintainance?is it will be same or more as compared to sec 24(decided by session court),while dv case is in lower court of another distric ......reply please.thanks

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Devajyoti Barman (Expert) 29 December 2011
1. You should state the same in your objection but file it only at the time of evidence.
2. Before evidence
3.Yes if it has no connection with her maintenance. May be toher reliefs would deprive her.
4.Yes. Both are separate proceedings.

Querist : Anonymous (Querist) 29 December 2011
thanks devajyoti barman ,sir. is cross exam of her would be after her evidences..

Devajyoti Barman (Expert) 29 December 2011
yes , you are right.

M.Sheik Mohammed Ali (Expert) 29 December 2011
yes, i do agree

Deepak Nair (Expert) 29 December 2011
Rightly advised by Mr. Barman

Shonee Kapoor (Expert) 29 December 2011
I agree with Ld. Mr. Barman, but the proofs that you have and how you present it would have a bearing on the maintenance.

It is not law, it is the practise.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 29 December 2011
mr.shonee,please cleare the matter,

prabhakar singh (Expert) 30 December 2011
A wife if unable to maintain herself invariably gets maintenance as a matter of rule for that score courts do not take seriously that her charges are false.