Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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harish vats   05 June 2019

crpc 125 and dv act

Respected Sirs
I filed dirvorce petition October 2018 .I was married in December 2014. we both are salairied class working in psb bank as an officers since marriage.
on counter to my divroce whe filed complaint against me and case 498 registered , she again filed for maintence, and filed dv act also.
under 498 we surenderred all articles wht they gave us (very nominal). we don't HV any children.as it was oremature and expried
now my questions is that
she has filed application for intereim. maintence. is she eligible for it (she is officer in psb bank)
is yes then on what grounds and judgements for this.if No , can a judge cancel her application on production of her salary act statement where net salary of RS.46000/- is showing every month.
2.wht abt dv act. we are not in contact since June 2016.( I first applied for divorce on grounds of dissrtion and creulty).we HV never shown any violence against her she lived with me hardly 30 days with me during my marriage Dec 14 to June 2016..
how it can be quashed or cancelled.

3. wht can happen in 498 act now as we HV surenderred Dall.artivles .we never demanded any thing.there is no proof of that also.wht will b it's applicablity.plz advise me how to deal it ..
yours advises are highly welcomed with judgement copies if you HV in support of my case.

thanks very much

regards
harish


Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     06 June 2019

All the three cases will fail and she will not get any relief for maintenance nor for place of residence from you in s125 CrPC nor DV complaint case, because she is working and has means to maintain herself and place to live at her own cost. S498a criminal complaint case will fail on want of evidence as it seems with the facts mentioned here.

harish vats   06 June 2019

thanks very much Sir for your valuable advice...

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