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(Guest)

How-to-defend interim in dv ?

Hello All,

How to Defend Interim Files by Wife in DV ?
She is capable of earning, means she is educated and pupposely not working to get relief under DV.

Through Other means I got to know She is Giving tutions to Childeren at home.

Any Citations / Judgments?



Learning

 15 Replies

Never Give Up (Fighter)     15 February 2012

https://498amisuse.wordpress.com/2010/12/01/no-maintenance-to-well-qualified-and-capable-wife/

1 Like

Chaitanya_Lawyer_Mumbai (Lawyer)     15 February 2012

If you have any proofs of her education & employment,submit in your reply.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 February 2012

you to prove that , lengthy proceddings.

adv. rajeev ( rajoo ) (practicing advocate)     15 February 2012

You have sto prove that she is working and got sufficient earning with cogent documentary evidences.


(Guest)
Originally posted by :SHR-- MONEY
"
YOU WERE GIVING ADVICE AND NOW SEEKING IT.

THIS IS REAL LIFE DEAR.
"

 

 

I never hesitate to ask,
There is May be information, which Fellow LCI memebers have,

which I dont have, So I share knowledge Same time.
Practice makes perfect, I will not Be smaller by asking Even Silliest Question. :)

@Never Give up,

I checked the Judgment I will check for more if Anything I will update here too.

1 Like

**Vikram** (Managing Partner)     16 February 2012

The question is whether she is working or not...if she is giving tutions, you cannot prove it in the court...you cannot call the kids coming for tution and make them say the amount they are paying...

 

She will agree and say thay I dont not charge any money...tution cannot be proved in the court...

 

You mention all these points in your replies...and see what the court has to say...your representation, in writing and while arguing should be clear and to the point...when order is passed..appleal in the lower appealeate court u.s 29 of the Act and see if the case can be stayed...

 

Make the  case stay in sessions court, till there is a settlement...

 

The best option - In my opinion is to "loose" you job ( in case you are earning a lot of money) and do someting else...like so business,,etc etc..which she will not know...there is not salary slip available...they will not be able to guess what you are up to...how you are earning..they will be puzzled..

 

If you earn, as per the DV act, the court will always order some relief...even if she is earning...the lower court will order some interim maintenance...for sure...

 

If you can prove that she is earning...you will get relief only in the HC...also, HC will ask to pay someting first and then HC will look into the matter..

 

Vikram

2 Like

(Guest)

But do we know anybody who has successfully fought interim maintenance ?  What points need to be raised for the denying her interim maintenance because interim maint'e is the biggest hurdle in these cases

Never Give Up (Fighter)     17 February 2012

https://www.498a.org/maintenanceDenied.htm


(Guest)

@Never Give up --> The link has interim orders denied under HMA and not DV act . Any citations for denying the interim under DV Act ?

**Vikram** (Managing Partner)     18 February 2012

Interim maintenance will not be denied in the Lower Court, no matter how much you try....as per own expereince you will have to wait till the matter is decided in the HC...

 

Why do you worry, file your replies, with whatever you have, and challenge the order in Sessions court...delay things as much as possible ...do not pay any money...just hold thngs..delay things...frustrate them..

 

You will get required relied in the HC with proper proof of her employement..otherwise you will have to pay..

 

Vikram

1 Like

rajiv_lodha (zz)     18 February 2012

I denied her maint in lower cort in DV ...................but the biggest point in my favor was:

She is Govt employee

Child is with me

**Vikram** (Managing Partner)     19 February 2012

Great job Rajiv...

 

I would suggest you ..find out something..some point against her..and file a criminal case...I am sure you will be able to file perjury..find one point and file an application u.s 340 CrPC...and get her suspended...


She will remember this for the lifetime and she can never take away the child..being a liar and also being without job..

 

 

Vikram

ranjeeth (manager)     19 February 2012

HI Vikram,

  I have a similar intrim of 10 k  ordered by lower court , i have proofs of  her income  and  she is earning  very good amount . i have filed for a stay petision in higher court . what  evidences i need to prove .


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