Dear Advisors,
JMFC court has given judgment in DV act case, saying the non-applicant no 1 that is me, shall pay Maintenance from date of application to applicant, Rent for applicant from date of judgment & a lump sum amount to be paid immediately. The case was against me & my parents, but in judgment there is nothing mentioned about payments from my parents to applicant.
Further in 125 case another JMFC court granted maintenance from date of application.
Both the cases had been instigated by my wife, 125 case in 2008 & DV act case in 2010.
Judgment in DV act was given in Nov 2011 & in 125 judgment was given in Dec 2011. Further I took both the cases to District court, where my lawyer said that we shall not take any stay on the previous order, as this court may ask you to pay min of 50% of the amount now & then only the case will move further. In both the cases I have asked the District court to make a call for of the documents from the JMFC court of the concerned cases.
In the mean time she has applied for Recovery of balance amount in DV act in JMFC court (same court). The notice is in my name & my parent’s name. The notice has come from the court to SP office & police constable had come to my house. Presently I am not residing with my parents. In fact I am not in India itself. The constable returned back saying the parties (I & my parents) are not available.
She doesn’t have any proof of my income, nor does she know where I am presently. She had filled 498a case where I & my parents were acquitted. She has no proof of any type of harassment. She is living separately from me with her parents since 2007, & files DV case in 2010, Maintenance case in 2008, 498a in 2008, and one more civil suit for maintenance in civil court apart from the above cases.
My quarries are as under:-
1. Is it correct that the court can send notices to my parents as the order of maintenance & other amounts is in my name? How should my parents defend this? As of Now my lawyer has asked to send it back whenever it comes & don’t accept the notices, if police pressurize to take the notice, write on that saying refused to accept and ask about me tell them he has left the house forever & we don’t know where he is. I don’t have any liability, property, fixed deposit, etc, not even a bank account.
Regarding this I would like to know few things:-
a. Is it the correct thing done by my parents by not accepting the notice?
b. How many times the notice will come to my house?
c. Will the police paste it on the house door or will they take my parents to jail for not accepting the notice & produce to court where the recovery case is applied. (As my lawyer is not giving any clear picture about it).
d. What may be the possible action the court may take as the notice is not been accepted by my parents & I am out of country? I want to prolong until the district court gives the judgment.
2. I have filled RCR case, which is on hold for interim maintenance, for which I have appealed in HC for quashing the interim maintenance in RCR case. Will the RCR case help me in defending myself & defeating her claims for maintenance in District court?
3. If the case documents are called off from the JMFC court by the district court saying they have challenged the judgment in higher court, what may be the status of the recovery case, whether it will be disposed off or kept pending or will continue?
