Rahul 03 July 2018

Dv after 9 years of filing divorce. how strong will it stand

DV after 9 years of filing divorce. How STRONG will it stand?

Dear Experts,

Here are the details:-

MARRIAGE: Hindu Marriage – 2008 ; Cost of wedding half-half, Wife got married against her will as her parents disapproved inter-caste marriage with her BF, Wife left twice, 2nd time I/Husband filed for divorce in 2011, after 2 years of her desertion, since 2009.

IMPORTANT: After marriage husband got into a terrible accident, and is now partially handicap. This is another reason why wife didn’t wanted to continue the marriage.

WIFE: Has done Ph. D. and earned before as well as after marriage. Earns = Rs. 1,47,000/month. Has 2 luxury apartments in Pune & Mumbai.

HUSBAND: Engineer, but lost his job after his accident. Takes tuitions. Earns = Rs. 7200/ month.

SON: 10 years old. Have to pay Rs. 9000 as interim maintenance, so husbands mother pays the rest out of her limited pension.

QUESTION:-

Wife’s maintenance application was denied in Cr PC 125 , 2 months back. So now she has put domestic violence against husband. After paying IM for son, husband is already running in NEGATIVE pay balance, so can judge in DV still award IM to wife & son, even if she is earning almost 1.5 lacks per month?
I am from Goa, and she is from Nasik, and I got the DV summon 3 days back, so do I have to compulsory travel to Nasik? Or even if my lawyer goes and attends the court would be fine? How many times & when will a handicap husband will have to travel to Nasik? Can my handicap status be considered to proceed with court dates with video-conferencing?
Her Cr PC 125 maintenance was denied by the judge, so can this new judge in DV case still grant her maintenance? And on what basis?
We have stayed separate since 2009. Is DV case still valid? And how strong is her case when she earns 20 times more than husband?
She already has 2 luxury apartments, so can she still claim residence when husband himself is staying at his mother house, where the house is in husband’s mothers name?
Son is getting Rs. 9000, under Cr PC 125, so can she ask for more under DV act?

Please help. My lawyer in Nasik is in the hospital and recovering after his surgery, so I have no one to get my answers from.

Thanks in advance.

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4 Replies

kunal “#unconventional #Aquari 03 July 2018

1. 125 CrPc is to be used discretionarily. If the wife has an earning capacity able to support herself, husband isn't bound to maintain her.
2. Its not necessary you be present physically to attend proceedings; video conferencing may be permissible, given your disability extent & result pf certified medically fitmess to attend proceedings.
3. Maintenance u/125 crpc not binding on DV proceeding; however compliance is necessary for both orders.
4 & 5. Living separately isn't a problem so long as both of you are still married per legal procedures.
6. unsure of the last aspect; however if you mail me ur query at basu_kunal@hotmail.com I may be able to assist you further

regards
advocate kaybee

sai narayana 03 July 2018

Show/submit the 125CrPC order along with your counter in DVC case. She may file *n* number of cases, but you will pay only one maintenance so don't worry.

stanley (Freedom) 07 July 2018

1. Sumbit the certified copy of the order in the CRPC 125 case in the DV case .
2. Sumbit her sources of income as well as her assets.
3.Hire another lawyer and tell him to file an application in court that you are not in a position to attend the hearings in court on each and every date due to your handicapbut would be present for the cross examination .your plea would be accepted.
4 . A working women having a source of income where in she is living comfortably will not be granted maintenence.

depressedbyall (proprietor) 25 July 2018

There is judgenwnt where husband gets maintainance from wife because of handicapness and lower income contradictory to higher wife income please apply thar