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ktkaran (maanger)     10 June 2013

Dv-reverse dowry/legal extortion demand by wife

Dear All, My Wife filed 498a on me in 2009 in Jaipur.Case still going on.SHe now moved to Mumbai in a rented accomodation along with my child and filed a DV case against me asking 10L ascompenstaion & damages,5L as lawyers fee /litigation,20K towards accomodation,50K per month towards monetary relief to her & child Also sec19 (7) directiong officer in chare of police station to assist in implemntation of order. In interim relief she has asked for : -Petitioner has no source of income and child is dependent so maintainance be awarded for schooling & other responsibilities -Petitioner submits last known salary of respondent being 150K per month. -Respondent be directed to pay rent of 20K -Respondent be directed to pay 25000 p.m. (15K for wife and 10K for son)from date of desertion -Any other order may just be passed. ---------------------------------------------------------------------- I never went to Mumbai,no DV happend in mumbai ,I live in Meerut.SHe has moved to Mumbai so as to harras me like always. 1.)-My question is can we challenge the jurisdiction in DV case -What is her motive of going to Mumbai? -She has not allowwed me to meet my kid ever since but demanding so much money? 2.)If Jurisdiction persists-Then I have proof that she is working and taking 50K as salary?Will that amount to perjry and I should move perjury before filing WS? 3.) if above two do not work -Should i have a rent agreement of Meerut and ask judge that i have not desserted her she has deserted me and till pendency he can come & discharge her duties as a wive at Meerut ( I will hire a dingy accomodation). 3.)My Income is not much at present an i can get proof of 12K p.m. Kya karein in Legal Terrorist se fight ke liye



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 June 2013

Even though dv might not have taken place in mumbai but if she is residing there she gets the jurisdiction to file the same. So you may not succeed upon mere jurisdiction point. File for custody and visitation of the child.

File the evidence of your wife earning 50 k along with your ws. If really you can prove that at the time of filing of the complaint, your wife was earning 50 k then, it is definately perjury. However, do not apply for perjury at this moment. Let the court arrive at some finding on her application  first on the basis of the evidence submitted by you.

1 Like

Manoj Kumar Jain (abc)     10 June 2013

See latest judgement of Mumbai high court. It can help in your case


Attached File : 773052979 bombay hc dv file within reasonable time.pdf downloaded: 134 times
1 Like

ktkaran (maanger)     11 June 2013

This judgement may help,Thanks Ms Archana and Mr Jain.

Also one more Question can judge pass interim even if summons are not served on me?#

Adv Archana Deshmukh (Practicing Advocate)     11 June 2013

Only in very urgent and emargancy cases courts do pass orders granting interim reliefs but not otherwise. Eg. Interim protection order where there is threat of violence immediately.  The respondent is otherwise given due opportunity and is heard before passing interim orders

ktkaran (maanger)     12 June 2013

Archana ji Thats really a good piece of Info.Also I got some judgement where its shown DIR is necessary in DV as it runs like a crpc.before summons.

So I am planning to challenge the summons itself on#

1. DIR report as no domestic Incidence report in my case by PO direct summons

2 .Also I got a ruling of 7th May of Mumbai High court that no DV can be fied if no domestic relations as posted by Mr Manoj

 

Please suggest will this strategy work?

as if summons are challeneged then they wiill delay the process


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