LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Justice   23 June 2015

Dv case used for not staying with husband and get max mainte

I was working in hyderabad after my marriage my wife insisted me to move to bangalore where she was working before marriage I was staying with my wifes family (father,mother and sister) and working there for 1 year.After that got a job in pune and moved there while I moved to pune she was pregnant and we have a son now of 2 years.I asked her to move with me to pune many times but was told she needs help of mother to take care of child but now when I have asked her after 2 years to come and stay in pune she straight away went and filed a DV case against me and my father,mother,sister who are staying in hyderabad, asking for huge amount of maintenance or asked me to keep quite and let her stay with her family.Please advice whether I would require to pay her maintenance as she is an MBA and working in corporate and she has asked for residence maintenance as we have not stayed together but only with her parents need to know whether residence maintenance needs to be provided.

 


 11 Replies

cyberlawyer (barrister)     23 June 2015

Hello op

Now what is the domestic violence caused to your wife ?. Forcing wife to come and live with husband does not amount to domestic violence at all. This will not come under the definition of domestic violence and you need not go to the point of maintenance. In such case why are you presuming DV and going to the point of maintenance. First your wife has the burden of proof to show that there is DV and only then the question of maintenance will arise. 

So keep calm and relax...

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     23 June 2015

get CC of DVC & paste the contents. it needs to be countrer step by step line by line (include maximum possible preliminary objections)

stanley (Freedom)     24 June 2015

@ Author stay calm and relax . 

1. As she works for a co-operate and she is a working women she wont be entitled to maintenance 2. Next file her salary slip details when it shows that she is getting HRA . 

3. if you dont have her salary slip than you have to summon her employer with her slary slip details and into which account  her salary is being deposited . 

4. She will tryto seek maintainence of the child . 

5. you have to file a case in the family court under gaurdians and wards act for custody of the child . 

6. Normally a child below 5 yrs remains with the female . In case you can get custody of the child than she want even get maintenance of the child since you would have the custody . 

7. If she gets custody of the child than you would have to only pay maintenance of the child . 

8. Maintenance of the child is co-extensive as both the spouses are working . Hence bot have to contribute . 

All the best in your fight . Go through several posts on DV cases in this forum and upgrade your knowledge .

 

Justice   30 June 2015

Thanks for the replies I had read in a post that child being minor no domestic violence can be commited against the child so using DV can they ask for maintenance of child and also help if residence order would help them as we both stayed with her parents.

 

stanley (Freedom)     30 June 2015

@ author 

Have you read the DV act read section 21 of the DV act 2005 

====Custody orders====
Magistrate can grant temporary custody of any child or children to the aggrieved person or to the person making application on her behalf and specify the arrangements for visit of such child by the respondent. Magistrate can refuse the visit of such respondent in such case if it may harmful to the interest of the child.

This is a one sided act only in favour of the female that is the aggrieved person which is not gender neutral .A male cannot ask for custody under this act .Hence by default if the male has the custody of the child than by default the Magistrate would pass on the Temporay custody of the child to the female that is the aggrived person .

Hence once the custody of the child is sh*ted to her automatically she would demand maintenance of the child uder sec 20 D of the DV act and go through the same .

====Monetary relief====
The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and any child as a result of domestic violence and such relief include

*Loss of earnings
*Medical expenses
*Loss caused due to destruction or removal or damage of any property
*Pass order as to maintenance for the aggrieved person as well as her children if any
Including the order under or in addition to an order of maintenance under section 125 criminal procedure code or any other law.

The quantum of relief shall be fair reasonable and consistent with the standard of living to which the aggrieved person is accustomed to. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent.

 

 

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     06 August 2015

Also check sme hints regarding how to fight false domestic violence & writing preliminary objections at:

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-domestic-violence-124445.asp

 

Justice   06 August 2015

After filing the case my wife or her parents have not come to court a single time only there lawyer came . My father is atttending the case as of now as I have not received the summons till now.There layer has moved to court saying they dont know my address to send summons and we age going to file an objection for that.I am paying ann amount of 4000 rs still to my wife will the court put the same amount as maintenance.How would I be able to give this amount if I los my job at any time.

Justice   06 August 2015

Thanks Chatur,for sharing all the good information.

First of all I salute you for being a great warrior.May the almighty help all of us who are fighting the false cases tagged on us by our devil wifes for sake of there waywards living.

Our prayesrs are always with you.yes

Can you please elborate how can we use these tools effectively

Few helpful tools are:-

(A) RTI

(B) CrPC 91

(C) Lego-technical fallacy

(D) Perjury before WS or Perjury alongwith WS

(E) At least 30 or more Preliminary Objections (V.V.Imp)

(F) No Domestic Relationship Application in case she prepares Voter I.Card of that address

(G) Name Fraud Application in case she files case in her maiden name (Lego Technical Fallacy)

Justice   09 August 2015

Can anybody plese help

Opposite layer has moved to court saying they dont know my address to send summons and we age going to file an objection for that.What are the points that can be placed in objection

 

Justice   19 August 2015

Please help with objection points

Justice   03 January 2016

my wife she is not comming for mediations as she has filed a false case.They had given us an amount of 400000 for marriage purpose and gold which is with her.They have attached our property for the above amount and can they freeze my salary and my parents accounts.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query