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Gaurav Gupta (Law Student)     12 October 2011

Domestic violence act

 

Dear Sir / Madam

 

My wife had filed a domestic violence case on me, which is pending before the family court. In the meantime my wife has moved a application for interim relief and she was awarded Rs. 15,000.00 per month as interim maintenance. Even though I was earning Rs. 10,000.00 the court didn't entertain my request to decrease the maintenance. Also my car is detained by her on which car loan is also pending. When i moved a application in the same court regarding directing my wife to hand over my car and my qualification certificates to me, the court has denied my request citing that there is no such specific provision in the DV Act for this request.

 

Please help me in this regard !!!

 

Gaurav

gauravgds@gmail.com



Learning

 8 Replies

ajay sethi (lawyer)     12 October 2011

issue legal notice to your wife to return your certifcates . give her 1 days time to retur n said documents .

 

as fr as car loan is concerned how much is the loan . if large number of installments are pending convey to your wife that you are unable to pay the installments and in case she wants the car she can  pay the installments .

ajay sethi (lawyer)     12 October 2011

sorry typographical error   . grant her 15 days time to return said  documents

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     14 October 2011

YOU MUST FILED AN APPEAL U/S-29 OF D.V. ACT IMMEDIATELY.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 October 2011

This order needs to be challanged in revision.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     15 October 2011

MR. SHONEE,

                          IN DV ACT THERE IS AN APPEAL PROVIDED NOT REVISION.

Gaurav Gupta (Law Student)     15 October 2011

Dear All,

Thank you for your advice. I hav already been through with Review and Appeal U/s 29 of DV Act and now its pending in the High Court.

But my question here is :

 

My car is detained by her (wife) on which car loan is also pending. The loan amount pending is around 50K. When i moved a application in the same court regarding directing my wife to hand over my car and my qualification certificates to me, the court has denied my request citing that there is no such specific provision in the DV Act for this request.

 

Please advice me in this regard !!!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 October 2011

Mr. Shrivastava,

 

Revision is for all interim orders. Appeal is for final orders.

 

Gaurav,

 

You would need to file a seperate suit for it.

 

You can also file 406.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

ANAMIKA VICHARE (LAWYER)     02 November 2016

The thing is that if youareclaiming your incme to beonly Rs.10,000/- per month, inferences are drawn against you as you are maintaining car

so appeal  wont b e successful

further queris Facebook a/c

Anamika Vichare

your Profile Photo

 


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