Wife filed a bogus DV case

Querist : Anonymous (Querist) 03 December 2018 This query is : Resolved
My wife deserted me when my father who was at that time suffering from cancer came to stay with me. She said she was not going to take care of my father as she had better things to do. She threw my parents out of our home and when I went to drop them back to their house she left with my four year old son and never returned. I tried talking to her and bringing her back many times but she refused. She has now filed a Dv case against me and my mom and is asking for 70000 as monthly maintenance which the court has without even looking at the case granted. My question is if I am able to prove that she deserted me and not vice Versa and the maintenance is nullified do I get back the money I have already paid to her?

Follow Query

Report Abuse

SHIRISH PAWAR, 7738990900 (Expert) 03 December 2018
Based on case court may stop maintenance of your wife however you cannot recover the already paid maintenance amount to your wife.

Vijay Raj Mahajan (Expert) 04 December 2018
Challenge the ex-parte order of the Magistrate court for grant of maintenance to wife without allowing you to defend it's contents in the Session Court by filling appeal against such order.