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arjun singh (retired)     17 September 2018

How to appeal for no interim maintenance

False DV case has been staged against the husband who is the respondent. I have paid @ 56000 pm for 2.5 years under army rule. i retired since october 2017. Since then the 56000 under army rule is null and void. The other party filed DV case just before retirement month once they understood army maintenance will stop in a months time. So i want to appeal for no maintenance in DV case that they filed to harass me as they have accumulated 18 lacs already from army towards maint. The hearing for DV case is going on for interim maintenance in DV case.I need advice and also will clarify any details needed to answer this. Till now 2 cases pending : me the petioner for divorce case since 3 years. The other is the DV case filed in sept last year2017 where i am the respondent


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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     17 September 2018

Dear querist,

 

You have not mentioned if any order granted against you in DV case.

 

In case any orders granted you may appeal at high court for reduction in maintenance amount as per merits of case.

 

You need to defend your case of merits.

 

 

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

arjun singh (retired)     18 September 2018

Thanks Mr.Joshi

No order has been passed yet.

Judge has asked for affidavit of statement of accounts after 2 months of waiting as the petitioner party of DV had approached for mutual settlement.Court passed order for that for 3 months.And mutual compromise talks were on.Before anything concrete the other party impressed upon court that nothing is moving forward in compromise ( which is not true 90% things were agreed upon) so lets get the accounts statement.To this court passed an order/ruling on hearing day for statement of accounts. The same evening final verbal agreement took place.Now on the next hearing day the DV petioner party recahed with affidavit despite the verbal agreement and the written agreement was being framed ( where i was under impression that they would ask for adjournment on the grounds of written agreement on mutual compromise being framed) and my advocate could not attend the court as there was advocate strike and i was not present in town.To this Judge passed an order/ruling for expartee hearing on aplication regarding affidavit and interim maintenance , this is the last order as of now. This clearly shows that they are trying to weigh out their gains both side and then decide.I have conveyed that if i have to keep progressing in the court as well with affidavit etc then whats the use of compromise where i am giving away a huge chunk. As i know this is a false case and that they have done this to extort money so my course of action if i need to contest and forget about the mutual as they are delaying things , Firstly can i go and appeal on the hearing day on interim maintenance that no interim should be granted on the grounds that hefty amount ws paid for last 3 years p and court should begin the DV hearing instead.

Also that they have filed this case for extorting money and has asked for hefty amount ( 35 lacs)to settle this matter out of court in the form of compromise.

I on principal would not like to keep both side active so what and how can i impress on the judge on next hearing date on interim maintenance and expartee on interim. What are my options now that the written agreemnet has been forwarded to the other party but they have mentioned about soem amendments but has not given the amendments yet. 

My worry is what and how should i impress the judge on the activities on next hearing day.


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