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Walter white (Private employee)     19 December 2016

Can court direct to produce

My wife filed DVC under sec 12 against me and my whole family. I have below two questions 1) Her content of the complaint is full of false. Can court direct husband to produce income details? though all false allegations made by wife. 2) Is it mandatory to attend DVC hearings by all accused? Can't only accused A1 attend?


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 9 Replies

Arvind Singh Chauhan (advocate)     19 December 2016

Yes court may direct to produce any document. Presence of all is not necessary, but if court may adopt it's own procedure in DV Act.

whatnot   19 December 2016

Breaking Bad protagonist?

Doesn't your wife already has Intreim manitainance?

DV is usually for alimony and I think her lawyer has played his card.

Let the case linger.

 

off lately there was a report that 498a and DV filed after Divorce is filled by husband is not valid and is considered as cruelty

I can't remember where I read it.May be experts will direct you.

Contest her manitainance. Stop paying. But put that money aside. Let the court rule on other Crpc 125 as well.

Best way is strangulation.

No money. they will come for compromise.

 

Do some reserach or may be experts can give you link

1 Like

Sachin (N.A)     19 December 2016

In your previous queries you mentioned that you are paying 7k per month then why are you worried about DV when you are already paying her maintenance?

1 Like

Walter white (Private employee)     19 December 2016

oh! yeah, I am a Breaking Bad Protagonist but my wife is not Skylar. It is I who filed Divorce first. In response, initially 498a and later DVC was filed. Maintenance of 7k has already been awarded where divorce was filed under HMA sec 24. Yet, in DVC also asking everything. I am thinking to submit order copy where maintenance has already been granted and challenge other claims made by her. Is this a good approach to contest this case further? Any suggestion would be greatly appreciated.

(Guest)
Originally posted by : Walter white
My wife filed DVC under sec 12 against me and my whole family. I have below two questions

1) Her content of the complaint is full of false. Can court direct husband to produce income details? though all false allegations made by wife.
2) Is it mandatory to attend DVC hearings by all accused? Can't only accused A1 attend?

DV case is quasi criminal in nature.  If you want co-accused not to attend court, you need to approach HC and get their names removed from the case.  You ie the main accused need to attend court dates without fail, or else you need to appoint advocate to attend on behalf of you.  If both of you don’t attend the date, warrant may be issued, subsequent non-appearance will lead to NBW issue, if caught no bail for you.

 

Its waste of time to attend DV case.  Its best to solve matter by going for settlement.  Pay the woman one time alimony, strike a deal and take MCD.

1 Like

Ms.Usha Kapoor (CEO)     20 December 2016

Yes!Court has right to demand you to produce your salary certificate. DV court has discretion  to call only you or entire family members.Arrive at a onetimne settlement  and pay alimony (lump  sum) and  ask her agree for MCD. This is the best solution. Less hassles, less running around the courts, less tension, more saving of money, saving on time etc etc.If you APPRECIATE THIS ANSWER PLEASE GIVE ME ALL MY PROFILE LIKES.

 

1 Like

Sachin (N.A)     20 December 2016

Originally posted by : Walter white
I am thinking to submit order copy where maintenance has already been granted and challenge other claims made by her. Is this a good approach to contest this case further? Any suggestion would be greatly appreciated.

Yes, you should file certified copy of the order sheet where court has already granted her maintenance, for other claims, first she have to prove her allegations.

Sachin (N.A)     20 December 2016

When you file your income affidavit in that affidavit you will mention your expenditure also and in expenditure list show that you are paying her maintenance along with certified copy of said ordersheet.

Ganesh Nair (Employed)     09 January 2017

Yes I am also facing the same situation. I filed for divorce first and the moment she came to know about it , she filed 498a with in a couple of days and DV followed after about 2 months. Both both these include all my family members wholesale. So what is the state of your 498a? Why is it that many of these advises are towards paying lump sum? No.1  the sums asked are astronomical. And NO.2  why should someone buckle under pressure if they are innocent? Good to fight and come out clean rather than paying up and thereby accepting guilt.( if you are innocent).it sure, is going to be an uphill task. But sure you are taking your accusers also uphill rather than allowing them to enjoy the the loot.

i am also looking for something that says these charges are a counter blast for the Divorce you have filed.


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