Dv
Rahul Metha
(Querist) 09 August 2012
This query is : Resolved
In DV claim of Rs 20000 has been made as interim and 25000 and 1000000 as permanent.
She was working in bank but in petition is mentioned as housewife.
my income is between 20000-25000 per month (No dependent)in petition it is mentioned as Rs 100000 per month.
she has also claim for house. She is having 2 bedroom flat her father is working and earning good and brother is working abroad. financially they are very stable.
what will be the order passed by the court in such circumstances??
Devajyoti Barman
(Expert) 09 August 2012
If her income does not differ much with your income then she is not entitled to any income.
If no order is passed then it is better to transfer the flat in favour of any f your relatives.
Adv.R.P.Chugh
(Expert) 09 August 2012
Mr.Mehta,
If your wife is working in a bank, getting her income details won't be a tough task, get all the proof that you can, if she comes out as somebody capable of maintaining herself - she is not entitled to any maintenance. Also initiate perjury against her if her falsehood becomes manifest.
Nadeem Qureshi
(Expert) 11 August 2012
Dear Rahul
if you have any proof that she is working in a Bank, you can file a criminal complaint against her u/s 340 of Crpc
340. Procedure in cases mentioned in section 195.
(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) Record a finding to that effect;
(b) Make a complaint thereof in writing;
(c) Send it to a Magistrate of the first class having jurisdiction;
(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and
(e) Bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.
(3) A complaint made under this section shall be signed, -
(a) where the court making the complaint is a High Court, by such officer of the court as the court may appoint;
1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorise in writing in this behalf.]
(4) In this section, "court" has the same meaning as in section 195.
read with section 195 of Cr.PC
195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
(1) No court shall take cognizance-
(a)
(i) If any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or
(ii) Of any abetment of, attempt to commit, such offence, or
(iii) Of any criminal conspiracy to commit, such offence,
Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;
(b)
(i) Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or
(ii) Of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or
(iii) Of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that court, or of some other court to which that court is subordinate.
1[except on the complaint in writing of that Court by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate].
(2) Where a complaint has been made by a public servant under clause (a) of subsection (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the court; and upon its receipt by the court, no further proceedings shall be taken on the complaint:
Provided that no such withdrawal shall be ordered if the trial in the court of first instance has been concluded.
(3) In clause (b) of sub-section (1), the term "court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, provincial or State Act if declared by that Act to be a court for the purposes of this section.
(4) For the purposes of clause (b) of sub-section (1), a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from appeal able decrees or sentences of such former court, or in the case of a civil court from whose decrees no appeal ordinarily lies, to the principal court having ordinary original civil jurisdiction within whose local jurisdiction such civil court is situate:
Provided that-
(a) Where appeals lie to more than one court, the Appellate Court of inferior jurisdiction shall be the court to which such court shall be deemed subordinate;
(b) Where appeals lie to a Civil and to Revenue Court, such court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.
Feel free to call
Rahul Metha
(Querist) 13 August 2012
Thank you for your reply Sir
She has asked for a rented flat for her self.
i do not have any assets in my name.
if the allegations made are proved to be wrong than what are the cases i can file against her for filing false case??
what is the time frame in which DV case are settled by court??
Regards
Rahul Metha
(Querist) 24 March 2014
Dear Sir,
After almost one and half year the court have decided on interim application of DV for maintenace of Rs 3,000/- per month. But in the interim application it is was demanded only Rs 20,000/- till the conclusion of the case.
Only once during the arguments their lawyer have mentioned that we have demanded Rs 20,000/- per month and not only Rs 20,000/-.
Can i go for appeal on this ground as what is order is more than what is prayed in the petition. Also the order states to provide maintenace from the date of filing of applicaiton. can i appeal that it should be from the date of order.
please advise.
regards
