DV 2005

1. Since which month / year she left shared household ? What all reliefs she has prayed in her DV complaint n under which sections? Is there any Protection Officer report ?

2. DV reliefs are prime facie and evidence stage comes later and voice recording can be prime facie consideration but challenge it.

3. If she is earning and has HRA component in her salary then you should contest and ask her to produce Salary Slip and disallow such relifs and pray that the Complaint matter be put for finality.

4. Yes she can always file maint. u/s 125 CrPC

5. You can file for exemption from appearance and or discharge of your father if he is on medical / senior citizen and his presence not required till evidence stage as you are R 1 and further if allegations are not with date / place / event based against him and if he didnot live in a shared household further that no reliefs are asked against your father.

6. Within 60 days interim reliefs are given by a Court under DV which is the main charm to file DV by a women. [Seems they are fed up with S. 125 CrPC / S. 24 HMA]

7. Voice recording are secondary evidence either in 498a / DVA.
 

8. Read and understand in this forum two posts tltled as "DVA Interpreted Part I / Part II" to understand this flimsily drafted gender biased DVA, 2005.

9. If Lawyer representing the R 1 / R 2 in DVA then file application for exemption to appear before court till evidence stage.

Rgds.
 

Thanks sir for you reply.  She has HRA component in salary and she filled DV under section 12,18,19,20,21,22,23.   What other thing she can claim. Only 2 things requested in DV i.e 1. Streedhan(which i depoisted at Police station with receipt with me) 2. 5k /month maint,    apart from this,,,, one more point .. granting the relevant justice.   Her lawyer says that come for settlement or otherwise we will file evidence.. 

They are saying they didnt got the streedan. What are the legal ways to confirm that they got there streedhan  or court only orderts to get the streedhan back from police station from decree.

Secondly is there any equation for providing or getting  the maintaince baised on both husband & wife Net or gross salary.

1. She has used all the Sections and only act of legislative wing of parliament can add few more sections to use by her so wait / relax till then :-)))
 

2. Do you have a signed receipt of stridhan from PS / Women's cell "stating all goods / articles returned in good condition and accepted !" If yes, then produce that as evidence in DVA case stating all articles returned so it is bogus claim under this Act. RTI under life and liberty to PS to give certified copies of case file to proove all articles deposited / returned to her.

3. So basically they filed false 498a / dv for settlement - compromise. Ask them to send you proposal of settlement (signed by her) and then go in for quash of both cases based on "malacious proceedings".

4. Maint is always based on status, needs, requirement, income of parties dn liabilities of respondent say 1/3rd. of respondent is the national average formula adopted by court. 

In future while replying always reply to some questions asked by person who is replying to your post otherwise it is one way ticket and correct guidence may not come forward. See some que. I asked which you ommitted replying so be happy with limited response now.

Other members may give their views to this post.

Rgds

 Yes sir. I have signed reciept from PS and also it is attached to DV case.
Does quashing means from HC. In HC do we require NOC from my wife or lawyer.
Also sir she left home in Dec month 09. So i guess for mutuall consent we can only file in Dec 10. and after 6 months say June 2011 we may get Divorce.
Does this 1 year sepration is mandatory to file the mutual consent D.
There is no protection officer report i have heard as of now.  Only know about the Charge sheet which came to court @ 498a from IO officer he mentioned there that i have harasment was for purchasing flat demanded 2lacks. nothing other than that.
 

1. If you have signed / stamped receiving copy from PS of stridhan return then file Perjury in DVA case.
2. Quashing Crl. complaint is done before HC only.
3. NOC is not required for releving services of present Lawyer and hiring another one instead a simple regd. letter sent to present Lawyer suffices as NOC. Wife no NOC is required instead send Notice of Motion (Quash) to her registered address informign her of Quash proceeding motion before HC and request to join the same if she likes !
4. Yes, 1 year seperation / living not under same roof is manadatory condition for MCD.


a. You need a better Lawyer than present one it seems from your three posts the cases direction it is at present stages as the matter seems to be of extortion / criminal intimidation / malacious proceedings.
b. No need to re-quote entire reply mail while replying or asking other questions. Rest details check with your present Lawyer as your case is doable it seems to me from the present stated briefs.


I'm closing reply on this post from my end. Others may reply as they may please.
Rgds.