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Himesh Patel (Asst. Teacher)     26 January 2014

False domestic violenece case

Background

I got married to my maternal uncle's daughter on may 2005. She is senior to me in age by six months. Soon after the marriage the problem starts. She did not consider me as a husband and denied to keep physical relationship. And at the same time she was keeping relationship with other males. This was the main reason of the problem of the marriage. She was not at all interested in me. In time, she decided not to stay with me further. We told this thing in the family. Then on Dec, 2008 we registered a divorce deed. My uncle(her father) is the first witness in this and my wife is the first party. After three years on June, 2011, she filed a domestic violence case against all our family members putting different allegations and a huge demand of money saying the registration was done in fraud. At present she is living in adultery. I have filed a divorce case against her. She also has filed a 494 case and 498 case against me. Gradually the court allowed her a sum of interim maintenance of 10,000/- per month. We made a revision to this order in the high court. The High court on Dec, 2013 directed us to pay her a sum of 1,00,000/- for the interim maintenance of past two years. We have paid that also.

Query

1. In the false DV case how she will get interim maintenance ? Should this be challenged ?

2. What is meaning of alimony in the DV case ?

3. What will happen to this interim maintenance after the case is over? Looking forward your reply,



Learning

 2 Replies

great india (manager)     27 January 2014

1. were you in domestic relationship is during filing of case is the point of defence. 2. the mcd would now become a contested divorce case. 3. dv cases need a string defence and she has to prove her allegations.

Himesh Patel (Asst. Teacher)     27 January 2014

We were not in the domestic relationship during the filing of Domestic Violence case.


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