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wishal (sr)     26 March 2015

Dv and other cases help

hello i got married in feb 2014 and then wife left the home after 2 months. they need to make me GAR JAMAI and through lot of meetings we decided to go for divorce. now they are asking a huge money everytime.  threatening us to file a case and all. she is a doctor

my query is 

(1) is she eligible for maintainance? as she is doctor

2) DV can be sustaibanle after oen year of separation? one mumbai court order was that wife cant file DV after one year of separation

3) should be wait for file a divorce case? because as time will pass cases like DV and 498 will be weaken.

4) few adviced us to keep quiet for another 5-6 months is it worth?

5) if i file a divorce case then is it necessary for her to be present at court on every hearing? in a year how many times she need to come to court in general? if she files DV and 498 then also does she needs to come to court? or how many times she needs to visit court in a year 



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 5 Replies

Vishal jain (JOB)     27 March 2015

reply..

1) collect prove that she is a doctor.  if she is in govt. job, get her salary slip. If she is a having a private clinic, then send her some fake patient with a spy cam and make a mms. then no maintenance.

2) Dv can b filed anytime. and its maintainable.

3) if you want to file divorce case, then file it... Infact her cases will be treated as a counter cases. And still u need to fight all these cases. so b brave.

4) its ur wish ... to wait & watch

5) depends on court, but you only have to follow your case.

saravanan s (legal advisor)     27 March 2015

only if she is working somewhere and earning considerably she wont be enttitled for maintenance and that too only when you prove that in the court

yes dv case filed after one year of seperation is not maintenable

Adv k . mahesh (advocate)     27 March 2015

a highly qualified wife court will not grant any maintenance and in your case on what ground you would file for divorce it should be maintained to fulfull the petition

dr.pawan rajyan (member and secretory)     27 March 2015

(1) No maintainance to able bodied well qualified wife.but have to prove it in court. (2)no time limit to file dv. (3)if you have proof to prove her cruelity then go ahead.but i advise for a amicable settlement and go for mutal consent divorce. (4)i donot think waiting more few months is fruitful.again you have to prove her cruelity.think what evidences you have,consult a good local lawyer. (5) She have to be present only on her evidences date in all cases.but you have to present on many dates. And in 498a you and other accused of your family have to be present on each and every date.

T. Kalaiselvan, Advocate (Advocate)     30 March 2015

The grant of maintenance would depend upon how strongly you challenge her claim on the basis of grounds supporting your rebuttal The 498a and DV case has to contested on merits on your side. there is no bar in filing DV case even after one year separation it is a continuing offence. Even if she is a doctor, you have to prove her income to make her not eligible for maintenance.   Consult your lawyer n further issues.


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