Upgrad LLM

498 a, dv


I have 2 questions:

 

1)If vindictive ex-wife foists false cases of 498 A and DV on one,who runs the case.Is it her own lawyer or public prosecutor?

 

2)I have been awarded interim maintenance of 150OO rupees.They have appealed in the High court saying it isn`t enough.Once the high court awards maintenence,if I appeal in the Supreme Court,how long does one reasonably expect the case to run?

 

 
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Sr. ADVOCATE Bombay High Court Mob: 9892432152

 

1)If vindictive ex-wife foists false cases of 498 A and DV on one,who runs the case.Is it her own lawyer or public prosecutor?

 

Ans: 498A: PP  

DV: own Lawyer

 

2)I have been awarded interim maintenance of 150OO rupees.They have appealed in the High court saying it isn`t enough.Once the high court awards maintenence,if I appeal in the Supreme Court,how long does one reasonably expect the case to run? 

Let HC decide first, 

SC time Depending on Law Points, complicatins of case, at HC Level 

 
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Thank you sir...The lower court has awarded the intermim maintenance after which the lawyer took the lump sum of 1.5 lakhs for a number of months since the case was hoisted.He then decided to appeal against the judgement.My impression from this site and Indian Kanoon is that cases in the Supreme court take atleast 18 months to be heard and come to an end.My case in the lower court will come to an end in the next few months.So they`ll have to apply again for maintenance and I don`t plan to give any more money .They have no intention of giving divorce as it`s been 4 years so I won`t be handing over any more of my money.

 
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See, u have been awarded Interim Maint. This order will run til final decision of the case. Final order wil merge this Interim Maint to the final maint. In other words, Interim maint will cease, final maint order wil prevail. Final order may increase the ammount or retain it too.

Appeal of interim n final are different. If final order is passed in between, the pending IO appeal will become infructuous

 
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As per your question no 1- 498 A is to be conducted by p.p. ,Addl.P.P,or Asst.P.P .                                                                          As per  your question no-2  in Mat Case her Advocate will conduct the case.                                                                                   As per your 3rd question there is no time limit for disposal of your case.

 
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Thank you sirs....For background,I have put the divorce case 24 months ago following which wife claimed maintenance and she was awarded interim maintenance.Following her appeal to High court,my advocate has advised not to give the maintenance anymore and to file appeal in the Supreme court as otherwise they will drag the case endlessly.

2 Queries sir and will be grateful for your answers.

1) What`s the approximate time period for the hearing and disposal for interim maintenance cases in Supreme court?

2)Once the divorce case in the lower court is over and if I lose,will the lower court automatically allot maintenance to the wife or wil she have to file a separate petition for final maintenance.

 

 
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Hello,learned sirs...posting to see if anyone can answer the above queries,thanks

 
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ADVOCATE--LEGAL ADVISOR

Court can ALSO allow PRIVATE COUNSEL of the complainant to "assist" the Public Prosecutor. akseth advocate:;;;aksethadvct@gmail.com

 
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Bangalore

Originally posted by : red

Thank you sirs....For background,I have put the divorce case 24 months ago following which wife claimed maintenance and she was awarded interim maintenance.Following her appeal to High court,my advocate has advised not to give the maintenance anymore and to file appeal in the Supreme court as otherwise they will drag the case endlessly.

2 Queries sir and will be grateful for your answers.

1) What`s the approximate time period for the hearing and disposal for interim maintenance cases in Supreme court?

2)Once the divorce case in the lower court is over and if I lose,will the lower court automatically allot maintenance to the wife or wil she have to file a separate petition for final maintenance.

 

Dont know why are you so worried about interim maintenance, its just interim alimony man.


Not permanent, until the case comes to an end its a momentary relief for your wife.  There is no approximate period as such are not prescribed in any law book.  I think there is no need of going to supreme court for lessening the IA awarded.


Instead go for speedy proceedings in the family court about your divorce, already 2 years over, ask the lawyer to take shorter dates, finish the case.


By the way you can always as the judge to give you time to cough up money for IA awarded.


What do you mean by if you lose the case?  Like if you dont get divorce?  If you dont get divorce, go to high court, appeal there.  Family court wont tell you pay money if divorce petition itself does not stand.  In turn you can as I said go to high court, and in the mean time can ask for refund of money that youve already paid to her.


As far as maintenance goes, wife has to file application for alimony each year, 

 
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Thank you Sujay...The criteria are so strict that it would be a surprise if divorce is granted.So it`s a question of wearing the other side down I think.And that`s why my lawyer suggests to appeal to the Supreme court as a way of delaying payments.That`s why I wanted to know how long it takes the Supreme  Court to take up cases.My impression is about 9 months atleast.

 

As far as maintenance goes, wife has to file application for alimony each year, 


Is that so?Sounds pretty tedious.And can we contest it each year if circumstances have changed?
 
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