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harrassed husband (chemist)     14 June 2013

Dv case- husband filed judicial seperation first 1st hearing

Hello dear experts and Seniors,

Greetings.

In the past month i got a gift package of DV act...in which filed all false allegation u/s 18, 19, 20 & 22.

I got today certified copy of DV case...facts below mentioned........

u/s 18: protection order

u/s 19: 3000 Rs towards rent: she did a rental agreement on her name without my knowledge just 1 day prior to file a DV case. I filed judicial seperation on 16 th april..

u/s 20: 5000 Rs for food, clothes and other expensis.

u/s 22: Rs. 5,00,000 but nothing mentioned in detail

My point is she did a rental aggreement. on 21.5.13 for 2 yrs.......do a judge forcefully made me to pay her rent seperately..?? i filed judicial seperation on 16.4.13

they took me forcefully live over there.......no where i was agree to live over there.

My income is around 10000 rs......she also mentioned that i have a medical shop in parterner ship( i give my pharmacy licence for jst a little money.....to medical shop owner) 

even last few day i recieved a phone calls from police station regarding 498a....In DV case she made a false allegation regarding dowry........which is totally baseless.......against all of 4 my family members........

Experts please give replies or suggestion....




Learning

 7 Replies

Advocate Deepak Gupta (Lawyer)     14 June 2013

Judicial seperation not effect the DV . Yes ,  Court may pass order to pay the rent as per your income . If your wife file reply in judicial seperation and content in DV are contradict  each other , helpful in 498A case .

Adv Archana Deshmukh (Practicing Advocate)     14 June 2013

File your income proof in the court. Rs. 3000 + Rs. 5000 = Rs. 8000/- pm is an excessive amount of maintainance  for a husband who is earning around Rs. 10000/- . She might have made a rent agreement for 3000 Rs per month. Find an alternative accomodation for her with lower rent and submit it before the court.

FightForCause (Businessman)     14 June 2013

Archna Ji,

My wife also filed DV against me.

She has made a rent agreement with her elder sister in a stamp paper only.

Is the agreement valid.

Can i request judge that i will make alternate arrangement for her

 

Regards,

Dv

Adv Archana Deshmukh (Practicing Advocate)     14 June 2013

@ DV,

 

Cannot say about the validity of the agreement without looking into it. If you think that the rent offerred is very high then what it should be, then you can convince the court that you will find alternative accomodtion for with reasonable rent fitting to your budget.

lovely das (hw)     19 June 2013

hi,

i have filed 498a against my husband.....after that i filed maintenance in family court.....the judgement came with rs 8000 pm for and my 4 yr old child including house rent.......he went to high court ..the hc ordered him to pay 4000pm to me ......can i go for domestic violence now..as seeing the skyraising prices i and my son cannot sustain with 4000 in this world  ...so that i can stay at my husband house .....my husband is earing 45000pm(gross salary) ...the judgement was done with 38000(net salary)....plz suggest ......how can i appear in hc so that the judgement cud be done on his gross income

fighting back (exec)     19 June 2013

@lovely das...........dont you think you are trying to live like a parasite on your husbands income, dont you hvae any self respect for your self, instead of begging around with a begging bowl in front of your husband, you should accept whatever the court has decided and start working yourself to  earn some decent salary with loads of self respect attached to it..........from your post you seem to be an educated lady, then why are you intentionally sitting and idling away your time? dont you feel low on self esteem.?????

2 Like

harrassed husband (chemist)     01 July 2013

Hi...brother, got my second hearing today........i got little aggressive when opposite party wrongly blame me.........so now magistrate want to start the case...today she was asking for interim order immidiately......she is saying that i earning 19000 in a company and 20,000 from a pharmacy shop owner.........but my net salary is 10,000 rs.........and i put my pharmacist's licence on rent for jst little money 1000 a month to a pharmacy owner.........so how can own that shop....... now my concern is she did a rental agreement on her name of flat........and asking for 3000 per month as a rent and plus 5000 for her day to day expenditure......so total 8000 rs she is asking...........how judge will decide her interim order application.... i m earning only 10000 rs a month...... she had big money on her name in the name of bank FD and also in a various saving account.....i have some of that information.....but not exactly about the her bank FD... even lawyer ask me to submit my salary slip as a proof......i also have her PAN CARD DETAIL......THT ALSO I OBTAIN FROM ONLINE DATA......NOT A XEROX COPY.....can i submit that to a lawyer?? but she didn't fill ITR return so far.....she is smart........with PAN CARD DETAIL can court do some investigation regarding her transaction........ how to expose her money to minimize the maintainance...?? give me suggestions........


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