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Ibrahim (Associate)     12 October 2014

Appeal against dv judgement

Dear lawyers,

My wife has filed a domestic violence case against me, parents and sisters after a lapse of 17 months of moving out from matrimonial home by invoking different jurisdiction at a distance of 250 kms from my residence in a hill track  without DIR and also not produced any evidence in support of her allegations. However i have denied all the allegations based on evidences,facts and their contradictory statements.

The Court while determining whether she is an aggreived person, came to a conclusion that all acts of domestic violence when she was in matrimonial home is baseless and discharged my parents and sisters from the case. However the court ordered a maintenance amount of 14,000 pm against me from the date of filing of petition which amounts to 3 lakh. This court observed based on my statement  in Cross examination that i didn't provide any maintenance to her and failed to visit her after she left matrimonial home which amounts  to mental cruelty to her and hence ordered maintenance.

Infact she left my home during her 7th month of pregnancy by conducting bangle wearing ceremony happily. I have submitted photos to court. After that, she left to her another residence in a remote village where i never visited without my consent and stayed against my will. So only i didnt visited her. However the court didn't consider this fact and stating that it was mental cruelty for her.

Sir please let me know will it amount to domestic violence when no act of domestic violence happened in my home? Wherther the amount of 14,000 pm againt my salary of 42,000 is justifiable? please let us know your kind advice so that i can prefer for appeal.

 

Regards

Ibrahim



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 October 2014

if she is not working and unable to maintain herself then the maintenance order is justified and there is no need for appeal, but you want to satisfy your ego then you may file an appeal u/s 29 of Domestic violence act within one month from the judgement.

1 Like

Ibrahim (Associate)     12 October 2014

Sir,

1. The court also ordered to pay her medical expenses of 70,000 as prayed by her. But she produced bills for only 30,000.

2. Actually she was staying at her own will and against my consent and refused to return back even after the child delivery. But the court has not considered this fact.

3. I divorced her by pronouncing Talaq after several mediations failed and she has challenged the talaq now and it is pending trial.

4. She has completed D.ted and worked as a teacher before marriage.

Will there be a chance to reduce her maintenance on these grounds.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2014

Dear Querist

You may file an appeal before session court u/s 29 of D.V.Act and pray for the same as you mentioned here.

you should raised the question regarding medical bill, that when the present bill is only of an amount of Rs. 30,000/- then the court passed an order to pay 70k is wrong.

 

feel free to call


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