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real demom   18 September 2020

fate od false DV and maintenance claims

dear sir madam, pls tell me if wife has lodged DV and maintenance case with no evidences and witness and has claimed maintenance ,what husband should do? as of now husband has lodged sec 9 and sec 13 case parallely at same time...he has all his evidences and witness to falsify majority of her allegations.Pls tell in such scenario what can be fate of the case. additional facts ...wife is mba ,no child, was working before marriage, financially strong family of hers, left her husband association at her own will and husband is currently unemployed. Thanks.


Learning

 5 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     18 September 2020

while awarding interim maintenance the court will not go into the merits of the case. So be prepared to pay the interim maintenance and later plan to prove your case.

one cannot force a spouse to live with if they do not want to live.

Sit and settle the matter in the presence of elders and if it does not work Mutual consent Divorce is the best. Do not waste your valuable time in moving around the courts.

Happy marriage or easy divorce.

real demom   19 September 2020

but as i have mentioned the scenario what can be possible fate of the case even in case it is proven that wife has left without any adequate cause....amf other details mentioned above....i am not concerned abt interim maintenance...i am concerned abt fate of the case...also i welcome ur valuable suggestions, if any.

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     19 September 2020

If it is proven that wife has left without any adequate cause you will win the RCR case.

But if she does not turn up to live with you cannot force her to come and live.

 

Dr J C Vashista (Advocate)     19 September 2020

@ Real Demom,

Hypothetical facts for moot court should be given to your professor / tutor.

real demom   19 September 2020

dr jc vashista ....i did not understand your reply...pls elaborate in simple language...

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