Want to Live (NA) 20 April 2013

Dv case filled by 498a wife

Hi,

Thanks in advance for bearing quite a long post/query

My lovely wife has filled DV case on me & my family after 15 months of filling 498A, 406, 125 crpc.

I have filled RCR9still going).

In DV respondents are my mother & sister as well.

I have submitted written reply of DV case & next date is 24-Apr-13 for consideration.

My wife has asked for following things.

1-Protection orders u/s 18 of the Act as the domestic violence has taken place & pass an order for prohibiting the respondents from alienating any article,Jewellery or stridhan of the complainant.

>Never commited any domestic violence with her, she dont have any proof not even fake one, i,e MLC & all. we have already returned all her jewellery & stridhan u/s 406.

2-Pass a residence order u/s 19 of act r/w section 17 of the act for sharing household & to provide alternate accommodation with same standard of living as complaints enjoyed at the house of respondent/husband. or pay rent for the same.

> As I told i have fiiled RCR which is going on, I am willing to take her back even after all these false cases, she is the one who is dening to come back. My home is in the name of my mother. I am already paying maintenance Rs 8000 pm to her u/s 125 crpc, although i have never denied to maintain her in her matrimony home.

Can court still asked me to pay her for rent.

3-Direct the respondents to pay monetery u/s 20. monthly maintenance Rs 20,000 pm. and also pay medical expenses, if any

> I am already paying rs 8000 pm to her u/s 125 crpc(final order). & what about the medical expenses???? she was completely fit when she left matrimony home 2.5 years back.

4-Direct the respondent to give compensation/damage u/s 22 of the Act to the tune of Rs. 5 lacs.

>All her allegations are completely false & denied by me in written reply, no proof of DV or MLC has been submitted by her with the complaint/petition. only verbal false allegations.

Does this DV case is maintainable in the courtin the light of above mention facts. although all depend on my lawyer how he will take up the matter in court.

Thanks & Regards

Reply Follow

3 Replies

ajay sethi (lawyer) 20 April 2013

1) allegations made in complaint have to be proved . you have already filed case under RCR . you want your wife to stay with you in matrimonal home . she would not be entitled to alternative accomodation .

2) as far as claim of maintenance of Rs 20,000 is concerned draw attnetion of court to order passed for maintenance of rs 8,000 per moth under 125 CR PC . she wont be entitled to further maintenance orders . the issue is you are willing to main your wife she has deserted you without just cause .

3) basically your dear wife wants her pound of flesh . you have not mentioned what are your wife qualifcations whether she is working or not . i presume you have sufficent evidence of having returned all her jwellery as mentioned by you .

the reply filed by you should narrate detailed facts of the case and deal with all the allegations . your lawyer would do the needful

Want to Live (NA) 20 April 2013

Thanks for the reply Ajay Sir,

My wife is BA graduate, Did 2 year primary teacher training course, & recently complete her law degree.

Yes we have all the written evidence of having all her jewellery returned.

Thanks

(Guest)

@Querist,

Your wife case has no merit and ,In my opinion,should stand dismissed if your reply has been well-drafted provided that-

1.Your monthly income is not higher in comparison as per your social status and the class you belong to.

2.Your wife is not physically disabled or seriously ill.

Further, If your wife is adamant to not to live in your parents house,but if your parents consents to keep her with, you can argue that your parents too need care and if you live separtely,it will be very difficult to maintain the needs and care of the both sides.

Further....

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,