Venkata Mohana Rao (Law Student) 21 April 2015

Dv and maintenance

Married on 14 Nov 13. Blessed with Girl baby on 17th Nov 14.

498A was registered on 2nd March 15...Content in Compliant and FIR are

I am abusing, beating and doubting my wife for which my parents used to support me. Moreover I am saying that the baby is not born to me. Charge sheet was filed in Court, will be knowing the contents of it in first week of may as it need to get numbered for getting the copy of it.

I received a notice from my wife's lawyer stating the false allegations(I didn't take care of her, tried killing her, harassed her for giving birth to the girl child) and asking for recovery of her jewels, dowry and marriage expenses along with maintenance of 30K (20K for Wife+10K Daughter against my said salary of 1L, but my salary was 42K).

Are they trying to seek divorce by asking the refund of dowry amt , marriage exp and so on. My lawyer advised me to file a divorce petition and get into divorce through Mutual Consent with one time settlement by contacting my wife's lawyer.

Would that be a nice strategy....Please advise.

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5 Replies

MohanK-700 (Architect) 21 April 2015

Do not file any divorce petition as it will go against you.

See if any reconciliation is possible and be on alert mode as there is a chance that police may knock door any time.

In the meanwhile, read 498 survival guide and plan accordingly.

old man (none) 21 April 2015

My wife separated from 14 months she filed DV case.

Now i made application of CRPC 468 for Time Bar & submitte the judjment of DV Can't filled after 1 Year on contrary my wife submitted judgment of Bombay High Court Shaikh Ishaq Budhanbhai vs Shayeen Ishaq Shaikh on 8 August, 2012 Bench: U. D. Salvi ,

Please suggest me any recent Bomabay High Court or Supreme Court Judgment against the same.

Oldman

FightForCause (Businessman) 21 April 2015

@Old Man:

Sejal Dharmesh Ved .. Applicant

Vs.

The State of Maharashtra & Ors. .. Respondents

Mr. Amit S. Dhutia i/b Niranjan Mundargi for the Applicant.

Mrs. A. A. Mane, APP for Respondent No.1State.

CORAM : MRS. ROSHAN DALVI, J.

DATE : 7 th MARCH, 2013 .

Venkata Mohana Rao (Law Student) 22 April 2015

Thanks Mohan Sir... For your reply... Reconciliation in the sense are you refering to bring back my wife as I forsee danger to stay with her after filing 498A... If I bring her back she can very well plan and turn the situation into worst... May be by cutting her hand she might run to police station nd say that Attempt to Murder... I just want to get divorce with her... I will try fighting for low maintenance as I can't avoid it... nd will fight for 498A nd DV as they r false... How about returning the dowry+marriage expense nd jewels... can't I avoid them what would be the consequences if I deny that

old man (none) 23 April 2015

Thanks Fight for Cause , In Addition to Judgment given Please suggest me latest Bombay High Court & Supreme Court Judgment to Fight CRPC 468 Time Bar Judgment of Shaikh Vs Shaikh Aurangabad bench High Court (HC Bombay Shaikh Vs Shaikh 310 2012 No Time limit to File DV Case.)Suggest me against the attached Judgment.

Attached File : 309513 20150423111242 18016551 hc bombay shaikh vs shaikh 310 2012 no time limit to file dv case.docx downloaded: 80 times