Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Walter white (Private employee)     28 June 2017

Dvc stages

Dear Team,

Wife filed DVC against me and my family members. Notices have been served and we filed counter to her petition. I would like to know what are the further stages? and what is expected to happen in those stages? and is there defined timeline for each stage?

Thank you. 



Learning

 7 Replies

498a victim (job)     28 June 2017

what counter you have filed against her petition?

Sachin (N.A)     28 June 2017

Originally posted by : Walter white
Dear Team,

Wife filed DVC against me and my family members. Notices have been served and we filed counter to her petition. I would like to know what are the further stages? and what is expected to happen in those stages? and is there defined timeline for each stage?

Thank you. 

 

Firstly, You need to file WS and Income Affidavit then court will decide "Applications of interim reliefs" ( like interim maintenace ). Then next stage will be Complainant Evidence (C.E) , She will file her evidence by the way of affidavit. Then you will cross-examin her. Then court will grant you the opportunity to file Defence Evidence  . then the final argument and then the judgement 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 June 2017

Dear Quest,

You must show yourself bagger on your income affidavit of WS. Please check the following link for more info on this. Also please sell your matrimonial house now and change your address so that they can’t serve you any further copy of any further case. 

https://www.facebook.com/RockySmith4Calcutta/

Walter white (Private employee)     29 June 2017

Hi

I filed counter to her petition in which she stated of being beaten, not given food and pushed out of the house so on so forth. It was a typical DVC content. I denied all her allegations and talked about real facts in counter to her petition.

Walter white (Private employee)     29 June 2017

Hi Sachin,

Thanks for the response.

simultaneously, the Divorce case is also going on in a different court where interim maintenance has been awarded 7k. Can court again order another interim relief in another case? I know I must bring to court's notice about maintenance being awarded in other proceedings, nevertheless what are the consequences? 

Sachin (N.A)     29 June 2017

Originally posted by : Walter white
Hi Sachin,

Thanks for the response.

simultaneously, the Divorce case is also going on in a different court where interim maintenance has been awarded 7k. Can court again order another interim relief in another case? I know I must bring to court's notice about maintenance being awarded in other proceedings, nevertheless what are the consequences? 

 

You need to file certified copy of order of interim maintenance of 7k and proof that you are paying the same, to oppose the application of interim maintenance in DV Act. 

If you wish you can file some judgements in support of your argument. There are many judgements where HC and SC held that "Multiple maintenance not allowed"

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 June 2017

Agree with Sachin,

She can’t ride two hours simultaneously. She can get only one maintenance.

If you withdraw your MAT suit (Divorce petition) then she becomes ineligible to get any maintenance (under maintenance pendent lite).

 

You may change your address and never disclose so that she can’t serve any copy of any maintenance execution lite.  wink

https://www.facebook.com/RockySmith4Calcutta/


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register