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VictimOfBiasLaw (Professional)     08 April 2011

Maintenance and summons

1. My wife file false DV case u/s 18,19,20,22 and asking for maitenance.
when she filed case i was out of india and even today i m out of india and never appear before court.
my lawyer is reprenting me on my behalf

2. In DV case she mentioned that myself and my parents harasse her , slap her , asking for money and thrown her from my home.there is no other  allegation ( all are fake and to get money from myself )

3. when she filed case before 1 year i was out of india and today also i m out of india.
in DV case when she send me summons at abroad address .
As per my discussion office reception didn't accept this
but Court consider this as accepted and now will start cse as exparty ( my lawyer will represent me )

4. now court will decide intriem maitence. ( Please note i never appear before the court during this 1 year and will never appear before court , my lawyer represent me on my behalf )

My Q :

1. As per my lawyer , Court will ask me to pay maitence and inform me about this at my address but  if don't accept this order ( as i can change job and address abroad which my wife will never know and this way i will hide my location  ) , by this i can drag case and can refrain from giving maitance amount.

is it true ? court again send me the order for maitenance ( because i haven't appear in court ) and if i don't accept ( i change my job and resident addressat abroad ) this way my lawyer drag case by saying i don't receive court order so how can i pay maintence ?

2. my lawyer ( even judge ) ask/offer her for one time settlement and divorce but they are not ready ,
my question is merely filing DV case she will get maitence amount ?
Please note she is ready to stay with me but i don't want.

3. also in her complain she filed my bank statement with fake bank stamp , signature and address ,
i filed complain against this in same court u/s 467,468,471 and  court order and consider this as an offence.
court will further process in this matter.

Will this favor me form intreme maitence case ?

4 she also filed crpc-125 , i didn't accept summons ( this time my reception said that this is unknown person ). 
My Q : by hiding my address and location , can i drag this case/ maintenance amont  ? 
my DV case result will favour me in CRPC-125 ?

5. what if i win i win DV case still i have to pay crpc-125 ?



Learning

 3 Replies

Ambika (NA)     09 April 2011

Who can help you more efficiently than how you are helping yourself through your glorious tactics?

pujols20 (Techie)     09 April 2011

My suggestions/answers:

1. At some point you will have to accept the order. You need to fight it out to come out from this mess. Shifting locations, not accepting will only delay your proceedings. Close this crap and think of other activities in life.

2. If she is willing to stay with you and you do not want, you mostly wil have to pay maintenance, unless she is highly qualified and woriking somewhere. You can collect some evidences on where she is working etc.

3. Talk to your lawyer and file perjury case, 340 application immediately on whoever involved in forgery. Until your 340 is cleared court cannot given interim orders and you can go to HC for this if needed.

4. Maintenance cannot be awarded in multiple cases - only one. There are judgements for it. Talk to you lawyer and search websites to get the orders.

5. If cruelty disproved, no maintenance will be awarded.

VictimOfBiasLaw (Professional)     09 April 2011

Thanks pujols20,

i know that hiding location is not permanent solution but my wife filed false DV case after 1 year of marriage to get money and thretten me so that i surrender her.
but i m firm and at no cost i will accept her now and don't want her to get even interim maintence easily.
i want her and her family to frustrate and spent money to get even single rupee from me.

She is Bcom , LLB and have done Finance Course but she is not working now.

DV case  yet not started but i know my position is strong as even judge told that this is nothing but lake of adjustment and immaturity.
also court will further process under sec 467,468,471 for producing fake documnet in court.

MY Q :- If i win DV case then i need not to give interim maintenance but what about final maintenance u/s crpc-125. ?
Also if i go for divorce on this ground still i have to pay maitenance ?


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