Dv act maintenaces and options

Interesting query indeed!

For 1 – Yes he can marry till 3 more times. It is allowed as per personal Laws of Muslims.

For 2 (a) – If he has done so as self illustrated before start of Maintenance Case then 55 K will be considered. If he has done after institution of any maintenance Case then may be adverse inference dependent upon opposite party lawyer catching the same may be drawn !

For 2 (b) – This part is tricky J Actually your father is liable to maintain till his lifetime your mother. Howsoever as per Senior Citizens Act children and relative are also liable to maintain parent(s). Hence to me parting further 20 K is nice move and such move should have been done before institution of any maintenance case is my view. Also to add to reply, it also depend the mood of the Jstc. hearing argument on sum – total deduction on a/c of liabilities of husband and what is remaining in hand vs. aggressive moods of opposite sides lawyer on drawing inferences upon inferences like lo ji isney yeh bhi unko de diya aab meri client ko kya milega yeh to julum ho raha hai yaha (whatever….) J

BTW, so the “poor” husband if observed is now showing to be left in hand of about 35 K out of 1 L income !

Gr8 pre-planned accountancy well all the best (it is doable if it helps raising morals of husband in facts of the brief).

My Dear pankaja , 

Its a very bad and dangerous Move . No judge or opposite counsel would buy your story not even our very very sharp uncle Tajobs would buy your story . 

The best Move is to play on the current atmosphere  as of date. Leave the past aside as it is . Look at todays situtation 

Recession . Speak to your employer ask him to reduce your income with whatever pleases you and it should be fool proof . Tell him to give you a new agreeement or a contract with the income your need and when questioned in court convey that you were forced to sign this or had to leave your job . Who so ever questions you says its the down turn and hence i am unable to seek a better job as of date  . If opposite counsels talks to much and he would and he will  ask him if he has opened a recuritment consultancy to offer you a job with a higher pay scale in the current circumstances and see his reaction .

 He he

@ Stanley,

Re-read query !

The catch word is and I quote author of thread post himself “especially when DV act is pending before magistrate court” Which means “prime facie’ relief already pending with material facts alleged as to his income in Court Files.

Now whatever permutation – combination the husband does sounds immaterial for a prime facie “pending” case having record of his income on file.

Got it !

So there goes for a toss “recession” after thoughts when we sit and decide a case ‘nearest’ outcome and plan how to save a client.

Rest are all jugad baazi may be worthy for Review and Appeal and more and more fees to the Lawyers plus ARREARS PAYMENT FIRST to listen to your Review OR Appeal that is where someonce bxxls gets sqeezed to maximum unless planned as per reasoned wisdom of an established Advocate in hand J   

Originally posted by : Tajobsindia
	opposite sides lawyer on drawing inferences upon inferences like lo ji isney yeh bhi unko de diya aab meri client ko kya milega yeh to julum ho raha hai yaha

I laughed for a good 5 mins after reading this.

@kspankajvalli,

1.  As per personal law of muslims, muslim man can go for another marriage when the first wife is alive and he need not take consent from her nor there is need to  inform her.  only embargo that religion put on the man is that he should treat both the women equally.  But DV Act is a secular law and it defines various acts of husband in detail which amount to cruelty against the wife.  going through the provisions of DV Act, one can get impression that while living with a wife, if a man brings another woman in the household in the name of religious sanction, it amounts to cruelty.  It is undoubtedly mental torture for the first wife and in my opinion attracts Section 498-A of IPC also.  But the important question raises like this - if wife left the cohabitation of the husband and stayed somewhere else and filed DV case, and after that husband brings another wife, then she cannot raise any grievance against the muslim husband that he has gone for another marriage.

2.  While calculating the permissible maintenance, the bar minimum statutory deductions will be taken into consideration.  Voluntary contribution to PF, which is more than statutory deduction will not be taken into consideration while providing the maintenance to the wife.  The judges are not thumb sucking children unaware of machivellian acts perpetrated by the husbands unwilling to pay maintenance to the wife as prescribed by law.  So, voluntary contribution to PF Account more than statutory contribution or several EMIs to several houses (as real estate investiment) will not be excluded from his income for calculating the maintenance to be provided to the wife.

3.  As long as father is survived, the son's contribution towards mother is not mandated in Senior Citizens' Act.  So, regular payment to mother as maintenance by the son will be seen as deception to deprive the wife of her legitimate quantum of maintenance.  That too, when father is earning about rs. 20000/- as pension.     

Thank you all for your valuable suggestions !!!

Views and reasoning Very well expressed by Mr Chandu !!!