Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Harrassed (accountant)     19 March 2013

Regarding maintenace under dv act

Hi,

My ex-wife was staying at her parent place for last 1 yr,so i divorced her.And after two days of divorce she file DV case against but didn't mention that i divorced her or she was sitting at her parental home without my wish.

Now she is demanding 20% share of my salary,case is as below.

1.She states in her case that i am working for x company,but i already resigned from there 4 months before divorce due to health issue.

2.She dont know i am working for Y company,how can she know that i am working for Y company.And if i leave india than wat are the possibilites of getting maintenace from me.i already transfered all money from my accounts.And can i tell them that i am jobless,if they dont know nything about y comp.

3.She is working as teacher in pvt school earning the same amount which she demanded from me.she accepted on phn and i have recording of that.

4.If she was staying there without my wish and all my requests went in vain then how can she get maintenance.

5.DV case is not maintainable if there is domestic relationship from last 1 year.can it be dismissed.

 

Thanks



Learning

 9 Replies

Manish Udar (www.Mehnat.IN)     19 March 2013

Yes her suit will be dismissed as being without merit.

adv. rajeev ( rajoo ) (practicing advocate)     19 March 2013

Whether you have got civil court decree of divorce?

Advocate M.Bhadra   19 March 2013

   A divorced wife even where the marriage has been dissolved by mutual divorce,the divorce wife unable to maintain herself and her minor child then she can claim maintenance till she re-marry.(Sadasivam Pillai vs. Vijaya Lakshmi 1987 Cr LJ 765:1986 3 Crimes 508 1987 1 Ker LT 381)

    She can get information from the Income Tax authority through RTI application,so suppression of your income may lead to an offence by which court may take it serious step.

  

Msk-need -nuetral- laws (self)     19 March 2013

Catch a fligh and dont let anyone know where you are , and return after golden 7 years. Between marry somebody there apply for permananet residency. And never return this brainless country.

1 Like

rajiv_lodha (zz)     19 March 2013

Why to return after 7 yrs, no need.

Enjoy the new life

1 Like

Harrassed (accountant)     19 March 2013

I also got FATWA from mufti,Stating that she is not eligible for any maintenance from me..Is it admissible in court?

stanley (Freedom)     20 March 2013

Her suit would be dismissed if you have civil court decree of Divorce and secondly as she is a working women she wont get any maintanence . what are the reliefs she has asked for in the DV case has not been stated by you . Right to residence is not applicable as you are already divorced and she is a working women drawing a HRA which i have to assume .

There is no need to break your head by saying you are jobless . As they can call for your bank transcations , check your PFdetails as it is visible on the site if she comes to know the name of your company ,try to call for your IT returns , salary slip , summmon your employer etc. 

Harrassed (accountant)     21 March 2013

Hi All,

 

Thanks for your valuable inputs.Please consider below points and try to give feedback to me which are running in my mind.

1.What if i do second marriage will it impact maintenance for her.

2.I have recorded full year conversation as i didn't visited her for last 1 yr because of her parents.where i am requesting her to come back and she was also willing to come back,but her parents never wanted to send her back.

3.We did phone s*x  and message s*x ,facebook mail s*x .number of times in this year which also i have recorded that on phone.i recorded this because i have doubt her parents intentions.

4.After all this she filed 498a and DV against me after one year of seperation.her lalchi father paid to SI of mahila thana to file FIR against me and my parents.

5.I got islamic FATWA from mufti stating that she is not eligible for any maintenance from me after idat period.(means 3 months)

6.What are cases i can file against her in delhi.because i spents lacs of Rs for  her welfare when she was with me,but her lalchi mother did all things to get easy money from me.

7.if i left india before appearing in court,what will happen.then who will pay for her maintenance,my parents or it will dump.

8.If i join some low paying job,will it be best.as she dont know where i am working.

Regards

Anwar

Manish Udar (www.Mehnat.IN)     21 March 2013

get AB

www.mehnat.in


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register