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Walter white (Private employee)     20 June 2017

Dvc and 498a

Dear Team,

I have filed a divorce in turn wife filed 498a and DVC. three cases are going on in 2 different courts. An objection against my divorce has been filed along with interim maintenance u/Sec 24 HM. Maintenance of 7k has been awarded. I have a daughter 3yrs old and seeking for child visitation asking residential address. Wife is evading to respond to child visitation petition. In counter, I gave incomplete maintenance 5k instead of 7k which pissed her off. though judge explained her I have rights to see the daughter, my wife is not agreeing instead arguing stating when my daughter is not well she was not looked after (Needless t say which is false)and why child visitation being sought now. eventually, the judge had to order to bring my daughter once in 2 months to the court based on merits. My question are as below

1) she filed 498a alleging above-said accusation (not taking care of daughter so on so forth) which is at cross-examination stage. she is not turning up to the court but arguing on same points where divorce or child visitation proceedings are going on. Can I ask her to raise this argument where she filed 498a claiming same accusation and where proceedings are pending due to her absence? she is deliberately not appearing for 498a hearing and arguing in divorce or child visitation proceedings.

2) When she can deny for child visitation arguing (not taking care of daughter so on so forth, needless to say, it is baseless), Can I not argue stating, when my father was battling between life and death in hospital, she had call me by an SI and made me sit in PS for 2 days, in 3 and half a year my of marriage life I had to change 5 rented houses due to her quarrelsome nature not just with me but neighbour also, who was working before marriage and after marriage why she is not working now, (to be entitled to maintenance), who she only troubled me all my married life and because whom I have lost my father, why should I give maintenance? when she did not fulfil her rights why shouldn't I?










 4 Replies

Advocate Suneel Moudgil (Advocate)     20 June 2017

All your points are right but your case is going on and i advise you to trust your lawyer and better to explicate all above facts and actions (to be taken) to him/her, if you think he/she is not capable then change and engage a new lawyer.  

No particular answer possible to your query.

There are so many comments of courts regarding maintenance in favour of husband in many cases, like - 

“A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendente lite alimony”

"The purpose of granting maintenance to wife is not to extract money from the other party and the Hon’ble Court should not be a forum to extract the money or to blackmail the other party"

Even the section 125 of Cr.P.C. contains-“it has to be established that the wife was unable to maintain herself”

So, it is again advised to you to believe/change your lawyer.

1 Like

Sachin (N.A)     20 June 2017

If court has ordered her to bring the child and she is not following the same, file an "Application u/s 151 CPC - To stuck off her defense for non-compliance of order passed u/s 26 of HMA"

1 Like

Sachin (N.A)     20 June 2017

And also add in Application u/s 151 CPC - To Call back order of maintenance passed u/s 24 of HMA


1 Like

whatnot   20 June 2017

Remember Skyler?. Revenge is a dish best served in cold.

Consider it as your duty towards daugther (who has no say at this moment) and pay the maintainance.

In all cases, move the petition for intriem visitation rights to visit child in a court appointed place.

She will ignore court orders. File contempt. Move cautiously.

Until firm vistation right ordered don't do anything.

As a natural parent you will have the right. And court will pass the order.

Patience is name of game.


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