Husband & wife professionls, married 8yrs ago. Both earning almost equal amount. Husband submitted divorce petition on cruelty grounds. Wife in full revenge mode.
1) 406/498A complaint pending with police. Enquiry on. She has put all possible allegations on husband & family members. Left only daughter with husband.
2) On 1st Divorce hearing, submitted application U/S 24.
3) Under Sec12 of DV act 2005, asking for accommodation & money. Has made husband & his mother as respondents.
Other significant facts— Couple was residing at different rented house as a nuclear family when they separated. Now the husband rehabilitated the child at his mother’s place. Wife went to her parents home & took ‘leave without pay’ from her job. No property is in the husband’s name.
Queries are:
1) She has inflated income of husband by saying that he gathers income from pvt. work also (she may also do the work if she needs more money!!!!). The point is – she has said she is on ‘leave without pay’ due to mental tension rendered by husband. (as if husband is not undergoing d/t all mess created by false 498A/406!!). In such case, do the courts follow some guidelines or maintenance is rule rather than exception’
2) Sec 24—Is the ‘issue’ of paying her money or ‘quantum’ of money going to be contested? Does it matter that the only daughter is staying with husband. He is paying rent for his shop also. Is it possible that no maintenance order is passed. How quick is court’s procedure in these cases?
3) She made mother in law as co- respondent, as property is in her name only. As far as I know, DV act cant be applied on females. How to handle these sec 5/20/22/12 of DV she has mentioned in her complaint.
4) Know little about Sec 125 CrPC. Is it also in pipeline for these ladies after SEC 24 & SEC 12 of DV act?
Kindly mention court rulings also if possible to emphasize the defense!
Thanks a lot in advance!
