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Kamal Kamal (Mr)     23 February 2014

Hello everyone, plz guide, dv is been filed on u/s12

hello everyone, 
Plz guide, DV is been filed on 20-02-2014 u/s 12. she has attached bills worth 6 lakhs of jewelry, and claimed 6 lakh of our jewelry as stri-dhan, so total of 12 lakh. copy of invoice of car hyundai i-10, which was on her name and is now with her.

BACKGROUND : Mutual divorce filled after 1 years of marriage, in that we claim that we lived together for 2 months only. she came on first date, some correction was made in papers, so statements could not be recorded. After that she didnt appear for 1 year. Finally after one year backed out, and mutual consent was canceled by judge. 
Then i put divorce case for cruelty, nullity, and desertion. That case is going on in Karkarduma court. Issues are still not been decided till yet. 
She put SEC 9. against the divorce case , this case is going on in saket court. 

Now after 3 years of separation, she filled SEC.12 of DV act. in Patiyala court. Now she claims that everyone i.e Husband, MIL, FIL, SIL, BIL use to slap her. dragged several times on floor to through her out of the house. Pushing her to cause hrevious hurt. SIL beating hurt on head and head and hands several times. Husband forced s*xual intercourse. husband forces her to have un-natural s*x, expolit her physically and mentally. (ALTHOUGH She dont have any medical evedences.) 

Plz guide what all i can do. 

Thanks in advance .



Learning

 5 Replies

great india (manager)     24 February 2014

1. You got a copy of petition. 2. I take it as a yes....chillax ..keep 5 k aside every month assuming interim jus for safety instead running helter skelter later. 3. Coming back.....you along with lawyer need to deny allegations mentioned by her pointwise. Defend all allegations and collect strong evidences citing cruelty and malafide intentions. 4. Now argue by a lawyer oN DV after a year of seperation not tenable. Wrf to judgement by justice roshan dalvi recently. 5. If your unlucky in beginning, an interim might get awarded thus 5k start keeping aside rt frm today. 6. If you lucky, case might be dismissed on non maintainability and coming to court with unclean hands. Gdluck n chill ax.......

fighting back (exec)     24 February 2014

rightly advised by great india, also give reference of the rajasthan high court judgement for DV not maintainable after seperation, at the most you will have to pay an interim maintainence based on your salary or income, since she has filed section 9, it automatically makes your defence stronger, after she feels so threatened for life in your home, then why has she filed section 9 RCR? these are contradictory cases, working in your favour, your lawyer should plan the stratergy correctly

Kamal Kamal (Mr)     03 March 2014

Thanks great india and fighting back, for your replies. 

Can anyone share the link to the  judgement by justice roshan dalvi recently given in concern for the time limit period for DV.

One more query. She has made all my family members in the DV case. Now i want to drag all her relatives in to some or other case. Plz help me out HOW to do this Legaly. Her father has not attended even court date ever. i want her elder sister and Jija to come to court . Her elder sister is already divorced and re-married. Her Elder sister's current husband does not know that HIS WIFE IS A DIVORCY.

Plz Guide, how to drag her relatives into court. 

Kamal Kamal (Mr)     03 March 2014

She has demanded :

1. 50000 pm - Education and Medical

2. 10000 pm - Legal expenses

3. 2 lakh - compensation on account of mental injury caused at time of act of DV

4. 1 lakh - compensation on account of mental touture and emotional distress caused by act of DV.

In DV petition, She says that we forced her to work. She worked as a Saloon manager in Beauty saloon ( like Vlcc, Looks Unis*x saloon,) She says she was forced to give us the salary (we really don't know what salary was she drawing). 
She has done a Diploma in beauty therapy and hair dressing in Shehnaz Hussain Institute, and Advance beauty therapy in Clara International and Advance Diploma in Computers NIIT. 

Now she says, she is pursuing her graduation from Solan unversity, and does not have independent INCOME to maintain her or bear her daily expenses and legal expenses. She lives with her parents. Her parents have a wholesale business of Beauty Saloon Products. (FIL used to tell that he has a turnover of 40 lakhs ) . She says she does not possess job and money to maintain herself. 

I am 99% sure that she is working, and would be earning around 14000-20000 pm. 

What should i do to deny/reduce maintenance. And can i put any counter case .

DV Act Buster (CEO)     04 March 2014

Dont worry, she will ask for the earth & the moon. Try to proove with supporting documentary evidence that she is earning or very well educated to earn for herself. RoshanDalvi judgement may help you but same is also challenged in the supreme court so do not rely too much on it. Fight your case on your merits. If you have not inflicted violence on your wife then she will not be able to prove any allegations against you. Keep on giving point wise written replies to all her applications in court, denying all her allegations and claims.


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