Fighter 02 January 2017

Dv dismissed

Dear Experts,

My spouse has filled DV case (Completely False) & claimed we have taken dowry as well. Also they are very fast of making her second marriage with other person. False DV case filled by her was quashed by Chennai High court & Judge ordered to pay interim Maintenance of 2500 Rupees & and I have been paying since 4 months. In-Laws demand was 4 lakhs now, when they initiated the DV at the start their demand was 20 lakhs. Now gradually got decreased, since there was a pressure from their side for second marriage. I do not wish to give a single rupee to her, as they have filled false complaint towards me & family. According to my knowledge, they will not stand in front of courts for next 6 months as they need to complete the marriage.

These are my below queries:

1. To accomplish getting money from me what all they can do further in terms of law ?? Further DV is not possible as it is being quashed in high court.

2. What cases she can fill/which will be advised by her lawyer on this stage on me & possibility from my side to overcome that.

3. If she fills any case, is it advice able for AB ? How many days does AB are valid.

4. Once matter is settled through MC or she gets married, should I still need to pay Interim Maintenance of 2500 Rs ordered by high court ?

5. How to Waste just another six months to achieve all these ?

Me & my family have not done anything harsh nor taken any dowry, I would like to get experts advice on this. Thanks for your support

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5 Replies

whatnot 02 January 2017

COngrats on winning DV. If possible please submit your order to lawweb.in or Kannon website for others to use it in their cases.

Read the Intriem order. If it is maintianance while cases are being filed, then you can stop voultairly. Has she filed separate Maintianance case on you? It is very important to re read the order and one can take a call on it.

You don't have to deposit judiciously on every month. Law is grey in this area. Due to unforeseen circumstances you may delay the payment. She will have to approach court. But be careful Court may decide to issue Non bialble warrant and areest. Just to play in grey area of law . But never strecth. You may deposit part amount with court and she will have to spend time and energy reaching court every month to claim. Many ways to slow the payments.

I think their side screwed up in DV . Which is your gateway now. A married woman has many ways to exploit law and whatever they do it will be to punish you and hence you can fight on its merit and court will support (may take time). DOn't procastinate anything. Just live and wait for their next move.

As said if it is 'intriem' then you have enough loopholes. COnsult your lawyer who seems to be quite capable.

Let the new year be for something new.Keep options to MCD with no alimony and close the chapter.

No perussaion of her futre life is required. But you may chose to forward the court order to her future prospects. Few copies in her area should do the trick.

nikhil singh (Advocate) 02 January 2017

Another DV complaint is not maintainable. Before marriage first divorce is mandatory. 125 Crpc complaint, divorce petition.

R Trivedi (advocate.dma@gmail.com) 02 January 2017

You just relax and focus on your work. Let her take the next step.

(Guest)

Originally posted by : Fighter

Dear Experts,

My spouse has filled DV case (Completely False) & claimed we have taken dowry as well. Also they are very fast of making her second marriage with other person. False DV case filled by her was quashed by Chennai High court & Judge ordered to pay interim Maintenance of 2500 Rupees & and I have been paying since 4 months. In-Laws demand was 4 lakhs now, when they initiated the DV at the start their demand was 20 lakhs. Now gradually got decreased, since there was a pressure from their side for second marriage. I do not wish to give a single rupee to her, as they have filled false complaint towards me & family. According to my knowledge, they will not stand in front of courts for next 6 months as they need to complete the marriage.

These are my below queries:

1. To accomplish getting money from me what all they can do further in terms of law ?? Further DV is not possible as it is being quashed in high court.

2. What cases she can fill/which will be advised by her lawyer on this stage on me & possibility from my side to overcome that.

3. If she fills any case, is it advice able for AB ? How many days does AB are valid.
AB granted only if FIR is registered. No use getting AB, its easier to get regular bail than simply run pillar to post to get AB.

4. Once matter is settled through MC or she gets married, should I still need to pay Interim Maintenance of 2500 Rs ordered by high court ?
What do you mean by MC? Mutual Consent divorce? IF divorce decree is granted, immediately she can remarry. You need to pay IA only till such case is decided for which application has been given by her. Once MCD terms are fixed and agreed and diovrce granted, you can give same proof to Family Court and ask court to cancel IA.

5. How to Waste just another six months to achieve all these ?
You have wrong presumptions about how things work in family court and about your case itself.

Me & my family have not done anything harsh nor taken any dowry, I would like to get experts advice on this. Thanks for your support

It appears that DV case was dismissed only with respect of co-accused and not main accused which is you. Come out clearly with facts. HC gave stay on DV or quashed the entire case? If it quashed entirely, then you need not pay anything to wife, you can simply stop paying Interim maintenance granted by MM court.