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MPW   14 November 2016

How avoid the dva interim maintenance and nullify the case

1) My wife and me had a dispute and she has filed false domestic violence(DVA) case against me and I have filed objections to DVA. 2) Also I have filed restitution of conjugal rights(RCR) and G&WC as I have a daughter around 3.8 yr. 3) I have received visitation rights now as my daughter is minor. 4) Since 1.3 years I am jobless, where as my wife is an Asst Professor, overqualified (M.Tech and pursuing P.H.D) and working in reputed engg college since 7+years, 5) She has now pushed for interim saying she is asked to quit the job and to take care of her P.HD and my daughter expense? Inquiry is going on and I need to submit the proofs for the same. 6) Can I avoid the interim by pushing the RCR in my favor to rejoin also I have already got the visitation rights to my kid. I want to eradicate my wife's ego, adamant and arrogant attitude in a legal way, Your honest response in this regard is much appreciated, thanks in advance.


 10 Replies

Sachin (N.A)     14 November 2016

May i know when your are not willing / capabale to give maintenaince of child. On what ground you are asking for custody of child?? How will you convince the court that a father without money is the best for welfare of the child?

laxmi kant joshi (instructor)     14 November 2016

You can deny her to pay maintenance but you have to pay maintenance to your child , court will not give you the child custody because her future is safe with her mother as she is educated and earning well , how an unemployed person can do proper development of his child , pl.think twice and start working

MPW   14 November 2016


My intention here is to teach her a lesson as she has deserted me more than a year under her father's instigation,

I will certainly take up the job, but in the meanwhile if I push RCR and stick to recall my family then what are the options if she denies to join me, will the court ask her to fle divorce if not willing to rejoin? I juist don't want to prolong the case, please suggest.

SHARAD CHANDRA DANEJ (Asstt. Manager)     14 November 2016

You need to narrate full facts here so that experts may give you proper advice. You said you have some dispute with your wife and she left you and filed a DV case. She will have to prove domestic violence in court. But then you are expected to narrate the dispute here so that proper guidance and legal advice can be give to you.


SHARAD CHANDRA DANEJ (Asstt. Manager)     14 November 2016

Metropolitan magistrate Shivani Chauhan dismissed the complaint of the woman, a south Delhi resident, saying that she had falsified and concocted various allegations and suppressed important facts in order to harass her in-laws.

The court said that generally women are at the receiving end of domestic violence and the Protection of Woman from Domestic Violence (PWDV) Act is created solely with a view to provide relief to the victims of domestic violence and not to the perpetrators. The woman was fined Rs. 1 lac.

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There is no way u can avoid paying. Vasooli warrant issue? Ur dad also should pay. Like that laws are. So if someone has suggested otherwise, only u will be in trouble. Wives can be taught good lesson only in one way. By way of getting divorce. For a woman no bigger punishment than not having husband. If u don't want to pay. Don't. Finally warrant will be issued. Till that time u can play.

MPW   14 November 2016

As RCR hearing is in progress and my wife in her objections to RCR she has not mentioned that she is not interested to join me. Can my advocate OR myself appeal to honourable judge to rejoin us? even then if she denies probably she will have to justify OR file divorce isn't it?

Overall I understand her strategy is to prolong the case to get tghe interim and thus to harass but I want to solve the battle at the earliest and teach her a lesson. Please advise the best way.


Sachin (N.A)     14 November 2016

Even in the case of RCR , she will first ask for maintenaince u/s 24 and 26 of HMA. and after getting maintenaince she will prolong the case.

A walk alone (-)     14 November 2016

By court cases no one can teach anyone lesson. Instead of teaching her a lesson you will definitely learn a lesson of solving family dispute within four walls of house. Don't you think your ego of teaching her a lesson will spoil your own child life. What will be your child life after divorce? Don't you ever think that you both should put your ego down for your child future. Being a father your first responsibility is your child. Try reconcil if possible. Try to sought out problems only for your child.You have to pay maintenance your daughter. If you don't pay it may also cause negative effect in custody case. At last warrant will be issued.

A walk alone (-)     14 November 2016

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