(Guest)

Advice Required for DV act Case

Dear Advisors,

Please help me in this peculair case, the details are as follows;

I was an NRI at the time of Marraige(Nov 2006), then one fine day she vanished from my appartment (July 2007) without informing me, after enquiry i understood that she had reached her Parental home in India, the air tickets from Dubai to India were arranged by her elder sisters husband. Then I returned to India (Jan 2008) to convince her but I was no allowed to meet her, then I returned back to Dubai, then she filled 498a against me, My father & my Mother, I had to return back to India (June 2008) as the police was threatning me to put my parents in Jail,(this was as said by my wife, police acted). I lost my job due to this reasons. I got Anticipatory Bail & contested 498a in which we all were aquinted from charges (May 2010).

In between this she filled 125 (Aug 2008), claiming interime & Final maintenance of 75,000/- INR (PM), but judge passed interime maintenance of 500/-(five hundred) PM (paid upto date) as no proof of income was produced. In this 125 case documents put up were RTC of House & agricultural land. (both are in my fathers name). the agricultural land in ansistrial land & house is build by my father by taking loan from SBI, the land on which the house is built is an ansistrial land but house built is by my father. This cases is still going on.

In mean time she filled another case under PWDV in other court (Jan 2009), the grounds are 90% same as in 125, but she is demanding all the other relifes in addition to maintenance. In this case she has accused me, my Father & my Mother. Here Judge ordered another 500/-(five Hundred) PM (paid upto date) as interime maintenance, but did not order any other relifes. In this DV act case, documents put up were RTC of House & agricultural land. (both are in my fathers name). she is merely asking for maintenance & other relifes based on my fathers property & my brothers shop. The photograph of the shop has only been attached. She is claiming 15 laks for one time settlement or 30,000/- PM maintenance + Housing allowance of 15,000/- + Loss allowance of 5 lakhs.

The other facts are;

a) I filled RCR (Aug 2009), the case is still pending.

b) Concilation taken place 3 times she wants only money of 15 lakhs, where as i have taken stand of taking her back. (all the concilations have not come on record).

c) She filled these cases on basis of cruilty & desertion, & in turn she has aggreged in cross examination that she was living happily during her stay with me in India & in Dubai. even she was not having any problems with my parents. She has even admittedd that the day she vanished from Dubai she had prepared my food & packed my lunch box & asked me to return as early as possible so that we can go to market for household item purchase. She has admitted of threatning me through police by which i lost the job.

d) Till date I am Jobless.

Now my question is:-

1. Under DV act can she claim maintenance from my parents & does she has any rights on their property & income.

2. How can i stop her in DV act case, any HC or SC judgments saying no rights to claim maintenance from In-laws.

3. What amount the court can award maintenance in DV act & 125, as I am Jobless from dated of casess, She is quilified (BA + Interior Designing Course + Auto Cad Course).

4. If Maintenance is awarded in both the cases what should be done. wheather I have to pay maintenance for both cases saperately.

5. What steps should be taken by me so that my parents shall no where be connected to DV case.

Waiting for your valuable replys & Suggessitions.

With Regards

Sagar

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 02 May 2011

@ Author

You have a fantastic contested case I must say.

A. If in S. 125 CrPC and in DV Act from husband the Order (respectively) says Rs. 500/- interim maint. then you are needed to pay Rs. 500/- against the Order which came FIRST. And file proof of meeting update that Order in other proceedings and pray for updating in other proceedings. Here the order amount under two different proceedings is same so that is the way you should have done. However, there are Judgment that says if she is getting / been allowed maint. under one Act / Code then she is not allowed under different Act / Code and thus quoting those Judgment you can file "change of circumstances" and cancel the other proceedings Order and pray for Final Order.

Now onto your que.;

1. Under DV act can she claim maintenance from my parents & does she has any rights on their property & income.
Take: For both sub que. the answer is NO. What she is doing is she is Dream Violence against all of you.

2. How can i stop her in DV act case, any HC or SC judgments saying no rights to claim maintenance from In-laws.
Take: There are several from Hon'ble SC as well as Hon'ble HCV. BTW which state these cases going on ?

3. What amount the court can award maintenance in DV act & 125, as I am Jobless from dated of cases, She is qualified (BA + Interior Designing Course + Auto Cad Course).
Take: The Hon'ble SC says that if wife can't prove "cruelties: then she is not entitled for maint. Under SW. 498a IPC you all are acquitted that itself shows she can't prove 'cruelties" Use the certified Order of acquittal of S. 498a IPC in these two respective cases and file S. 482 CrPC to quash both of them. Why waste time also file certified copy of her Cross Statement of her loveria stated under oath statement in them!

4. If Maintenance is awarded in both the cases what should be done. whether I have to pay maintenance for both cases separately.
Take: Maint. is paid after adjusting the higher amount. Since in your case in both cases same amount is awarded so you have to cancel the other order in other proceedings first of all. She cannot ride two horses simultaneously for one and same "reliefs".

5. What steps should be taken by me so that my parents shall no where be connected to DV case.
Take: We donot know the body of her complaint in DV. if there is no relief she is praying against your folks then you can approach HC to delete their name as no fruitful purpose will be served to carry forward their names in a complaint where the complainant is not seeking any reliefs from R2 onwards...... Concerning relief of maint. form them then that is no ground as she is married to you not to your father and your mother / father are not her servant to pay maint since you married her and she is your responsibility. Also note, you are Jobless and if your Company in Dubai terminated your services due to your ongoing cases and or if there is a "termination letter" then that letter itself is enough to quash all cases (S. 125 / DV).

BTW you have fought well I must say and this Rs. 500/- is just a paan masala for her to come to Court and keep saying in her cross statements that you all treated her well as you say in your briefs….. J

1 Like

(Guest)

Dear Tajobsindia,

I am very much thankfull to you for your compliment, this energy, courage, paitence has been recieved from you all people & formus like this.

further to your reply i have some more quarries.

1. In which court shall i file "Change of circumstance" & cancel the other proceedings/ pry for final order, is ther any sections under which i can procceed with this.

2. In your reply i came across section 482, in which court shall I file the case.

3. My RCR case & 498a case was in Karnataka, but the 125 & DV cases are in Maharastra.

4. My one more quarrey is that Interime Maintenance under 125 was awarded in Oct 2008 & Interime maintenance in DV act was awarded in March 2009. Is it possible if I file the cases to quash now in higher courts. till date i am paying her regularly 500/- + 500/- Pm.

5. Can you please any case reference where it is mentioned that wife has no right to claim maintenance from In-laws & their properties.

Waiting for your valuable replys & Suggessitions.

With Regards

Sagar