NeedHelpTofight (xxx) 13 December 2014

Wife filed false maintenance case. resigned before hearing.

My wife has filed false DV & Interim Case against me. She was working at the time of filing Interim Maintenance now She has resigned to claim the money & harass me & my family. What will be o/p of her Interim Case ?

I think Judge should dismiss her case. Any previous hearings related to this? Any thoughts from Experts. Need Advice how to fight.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 17 December 2014

You have repeated the same query in another thread. the query posted in your previous thread was replied by me as per my opinion to know the details, you may visit that thread.

Azam Shaikh (Partner) 17 December 2014

Need your suggestion that in D.V amended application my ex wife filling false affidavit that she is not working nor she has any skill to work, and she is running her sisters beauty parlour should i go for perjury case against her. have proof she is working also in our marriage nikhanama her age is mention 19 years in 2001 year

Now her amended D.V application she mention her age is 29 in 20th Nov 2014. its means when she married to me in 2001 her age was 16 years was she under age at time of marriage , this information is useful in D.V please let me know what can i do.

Also She don't have birth certificate, she haven't been to school now she is saying 8th standard pass this all information she is given in affidavit Examination-In-Chief

before taking any action i need your guidance and permission too.

need citation also from your side so she get punishment ASAP

we have been living sepratly from last 14 years have no children before divorce her i had sent 2 notices to her to come back but she is not replied after waiting 4 years i have sent her talaq as per Muslim personal law and married to another women having 2 kids from her, after 4 years of seperation she filed 498 A in year 2005 which we have got in our favor as she has noting to prove, same time she filled R.C.S it got dismised due to not attending court also she lost her case 125 for maintenance due to not attending.

Now after 10 years she is filled D.V case on me in 2010 after finishing 498 in same year rather she go for appeal she mention same story which is in 498.

Respected senior please advice me how to get rid of this D.V

T. Kalaiselvan, Advocate (Advocate) 18 December 2014

You have to state in your counter all the incidences of all her earlier petitions were dismissed on merits and provide the documentary evidences for the same, also you can extract all the facts from her mouth during cross examination. The DV case filed after a long period of separation may not fetch any favorable result to her, even this will be dismissed on merits on your side.