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fighting back (exec)     04 September 2013

damages Compensation component in dv case

Dear members,

request your kind guidance

among the regular demands, like monthly payments, stridhan, demand of rent for house, wife has asked as asked for damages for rs 10,00,000 from me.

i am not financially strong to pay such a hugh amount as damages, 

i just want to know, under what conditions/situation is damages demanded as in my case, i am ready to return all the articles that i have in stridhan except for one or two that she has alleged but are not with me (gold rings)

what are damages exactly as defined in DV act, and if damages are awarded, then will i have to pay alimony separately if divorce takes place?

Sec 125 and RCR filed by her are also running parallel.Rs 2500 is already awarded as interim maintainence in HMA 24 under RCR,

how can i defend the demand for damages claimed, or do i have to pay whatever damages are demanded. please advice. as me entire worth is not even 2 lakhs! i will have to sell my home. pls advice.

thanks



Learning

 15 Replies


(Guest)

Dear Fighting Back,


What damages have you done to her costing it for huge 10,00000/-? .......It's sarcastic from your wife.

Did she not written her statements in DV case that what exactly you have damaged her?


Based on the allegations you have to counter her as you only know what exactly happened with both of you.


No judgement till date has come where an alleged husband has paid whatever demanded by his wife.

So,collect all her false claim and damage her dream so that she can't even dream of 10/- by false allegations & claims.

fighting back (exec)     04 September 2013

thnks friend, 

even i dont have a clue about what damages are caused, so apart from the monthly amount, stridhan, this exoribitant amount is demanded as compensation, i dont know if it is a kind of one time settlement offer, which i have to interpret (though it sounds like a foolish thought) though she herself is not 'worth' 10lacs in the 'market'  so i dont know how she got her own valuation.......so i was a bit tensed about this 'damages compensation'

Shiva......... (owner)     04 September 2013

My Ex  has asked for Rs 50,00,000 for damages. I dont have even a two wheeler for my usage. I dont know why these females dont use their unused brain.

Still 10,00,000 is better than 50,00,000.

fighting back (exec)     04 September 2013

those b*tches are not a dime worth if they stand on the streets to sell themselves..i swear, these are the reasons why people begin to hate marriage concept itself

life_goeson (owner)     04 September 2013

fighting back i saw ur post in which u wanted a advice on 125 and  DV residential case. i heard u kind of won 125 as only 2000 per month was awarded can i ask how did u do that and what happened to ur dv case? did she get the residence right or not? 

may be ur advices can help us to please tell me

life_goeson (owner)     04 September 2013

fighting back i saw ur post in which u wanted a advice on 125 and DV residential case. i heard u kind of won 125 as only 2000 per month was awarded can i ask how did u do that and what happened to ur dv case? did she get the residence right or not? may be ur advices can help us to please tell me

fighting back (exec)     04 September 2013

@life_goeson.....yeah bro......actually the award is in HMA24 interim in her RCR case filed by her, the 125 interim and final is yet to be decided, so i have attached the order of HMA 24 to the 125 case and hope to get the same order running of 2500 pm. the DV case is yet to be begin. i have yet to file a reply in the DV case. 

i attached each and every medical bill of my mom, and have diliberately stuck to  a low paying job just before she filed cases on me, i was expecting these cases to fall on my head, i also have emi of my home loan, she as asked for rent in lieu of residence, so i expect an addition of rs 2000 more. so i am mentally ready.

since the case of 125 and dv are running in MP where the living standards are comparatively simple and cheap compared to metro cities so my lawyer says that due to this the amount is reduced

life_goeson (owner)     04 September 2013

so it means she have a chance of getting more money in 125 and what about the residence right she wanted a rented house or she wanted to stay in your house. and btw how long one can take to file a reply in dv.? can a wife ask to speed up the dv process to?

1 Like

Tajobsindia (Senior Partner )     05 September 2013

1. There are many Judgments from Jharkhand and MP HC where under 'damages - compensation' heads, trial Court award has been modified to somewhat lower figures.

2.
Otherwise so from these two States almost all Judgments of trial Courts under 'damages - compensation' head what aggrieved wife alleged as amount claimed under 'damages - compensation'  were exactly awarded and almost most of the cases went on Appeal and later got modified.

3.
Hence mentally prepare accordingly.

1 Like

mohan -fighter (Head)     05 September 2013

dear all,

i guess i win the race..as my wife...asking me for 2 crore...to give me divorce.. !!! now, i am starting the case in court and am all prepared for the worst !! i rather will spend 50 lakhs on saving myself from police, CAW etc etc etc... rather than giving a penny to her...

1 Like

(Guest)

haaaaaa,

By 2 crore a Race-3 movie can be made,better ask you wife to play the role of saif's wife..lol

1 Like

fighting back (exec)     05 September 2013

thanks to all members for their valuable inputs..............

fighting back (exec)     05 September 2013

@tajobs.. dear sir, request you to please share the judgements of  ;Jharkhand and MP HC where under 'damages - compensation' heads, trial Court award has been modified to somewhat lower figures.

i tried to find the same on indiankanoon website but was not successul, i would indeed appreciate your kind help if you could please share the judgements if you have with you, would be highly obliged.

Thanks sir, and awaiting your kind reply

Regards


 

stanley (Freedom)     05 September 2013

@ author ..............................ROTFL

she has to state the grounds for compensation just signing the liars pre- fromat petition ( Sorry please read Liar as Lawyer ) is no ground for compensation ,the same has to be proved .

First of all she has to sumbit a Medical report along with a FIR, in case she has incurred any medical expenses for the injuries for any domestic violence  which i presume does not exist .

Secondly she herself is unemployed and hence is asking for rent and maintanence so there is no loss of earnings as she is un-employed and hence no ground for compensation .

Etc etc a lot 

lawyers give tall talks to the petitoner i can abstract so and so amount in this way or that way but in the end the applicant ends up losing her time and money towards lawyers fees and dancing around courts like they do in our Bolly wood movies dancing around trees . And all they get is a paltry sum in the form of maintanence that too is they are unemployed . 

 

 

1 Like

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