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Raja_498a Victim (Manager)     03 June 2014

Inquiry in main dvc

Hi All,

Today in DVC, inquiry in main DVC has started. Judge asked opposite party to submit my salary certificate. They failed to do it. Before that I proved her income using 26AS showing 44,000 per month.

Last chance is given to them and next date is in the mid of this month.

Already no interim maintenance to her.

Meantime, they came for compromise for 10 Lakhs to settle the issue. I denied that.

My questions

1) If they failed to prove on next date, total maintenance will be denied?

2) From here how much time does it take to close or dismiss the case?

3) What are next steps in Main DVC?

If nothing is proved, still I need to pay or residence her (Already she is getting 44,000 and kids and stayed 6 months after marriage)

Also 498a trial needs to start this month. Divorce also filed two yrs back and at evidence stage.

Considering above, if 498a gets closed in 6 months (As per lawyer, it can finish in dec 14),
from there how much time it takes to get divorce.

What abt Alimony? Since she is working and getting 44,000 (Proved and no kids and less than 6 months styed) and filed false case, will alimony be declined?

Any inputs are welcome.


Learning

 3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

Unless you earn in multiple lakhs, she won't get any maintenance, as she is earning enough to maintain herself.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Anamika Vichare (Practising Lawyer)     09 May 2021

Your wife will notget any maikntenance.   But 498A wil  not be fiished in 6 months,if you settle the matter for divorce by consent in lieu of some alimoney, she will hv to withdraw 498a case and withdraw DV matter.   /you wlill deposit money as agreed in Family Court/District court and tereafter she will withdraw/quash 498A n withdraw DV matter, thereafter divorce will take place


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