Dvc & divorce

Vijay Kumar (Querist) 20 November 2016 This query is : Resolved
Sir, we have won 498A in trial and session court, they appealed in high court now, to my suprise even if there no evidences they won DVC case. Girl side filed divorce and we filed counter petition in reply and that was not coming for hearing since last 1 year.

1) Do we need to pay the amount as deposit as per DVC or can we get stay from higher court and appeal? if we loose in higher courts, there after case running there for 3 years, do we need to pay same amount or more with interest ?

2)Can we run the divorce case parellely or does DVC case out come will effect divorce case out come ?
3) by filing different cases viz, DVC,divorce,125 one after the other can she get away with money in all the cases individually viz., 10 lacs in each case.

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Devajyoti Barman (Expert) 20 November 2016
1. If no stay is passed you have to pay such amount. There is no requirement o pay with interest but the court may direct you to pay all the arrears.
2.Yes both the cases can run in parallel and outcome of one case would not hamper the another.
3.She can file multiple cases but inky the highest amount of maintenance in either of these cases prevails. All other maintenance amount are got adjusted with each other.

Rajendra K Goyal (Expert) 20 November 2016
Agree with the expert Devajyoti Barman.

Vijay Kumar (Querist) 21 November 2016
Thanks for your reply sir,merely allegations by girl and her father taken as witnesses to prove dvc? We have material proof to show that intensionally she did not leave her job to join me and only was on leave. My lawyer said not required to show that as proof. Can mark or show that as evidence in appeal? Under any section?

Vijay Kumar (Querist) 21 November 2016
Thanks for your reply sir,merely allegations by girl and her father taken as witnesses to prove dvc? We have material proof to show that intensionally she did not leave her job to join me and only was on leave. My lawyer said not required to show that as proof. Can we mark or show that as evidence in appeal? Under any section?

Dr J C Vashista (Expert) 21 November 2016
Firstly you have intentionally concealed your identity therefore, you do not deserve FREE advise by experts on this platform.

Secondly your case(s) are ongoing since long which are being looked after by your advocate, then what is need/necessity/ requirement of second opinion/advise except it is FREE OF COST.

Be smart, but not so smart to outsmart experts, doing a novel social service.

Vijay Kumar (Querist) 22 November 2016
Vashistji, sorry if my question has annoyed you in any manner. I am thankful to all experts who have lend their helping hands to share thier knowledge by understanding my grief and pain. If I consult a doctor and if he says you should under go operation and insist for fees and if he resist to answer about the treatment given,certainly I will take second opinion or will change the doctor.