Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nishhant (Business)     02 October 2011

Interim maintanance in dv act

I want the advice on the following situation 

 

When i was adroad my wife who was staying in india , filled dv act and after that 498 on me and my parents and brother , who are staying in india.

In DV act she got maintenance of 4000 pm as x party orders againest me , and she went to session court and got 8000 more for house rent etc. again x party.

when i came back after getting interium bail from high court of punjab and haryana , during the proceddings of bail case i have also filled a late appeal againest x party orders of dv act at punjab and haryana high court , and also paid the almost arrears to her at district court because during appeal againest dv act  it was in the considration phase and district court asked me to pay the arrears. during the proceddings at district court in the court questions she admited in writing that she is working in a software company and getting a salery of approx. 100000 per month .

during the bail proceddings they were also crying for the arrears and at the conformation of bail our lawyers admited that we will pay the left arrears with in 30 days at district court , and high court released an order for district court to finish this case immediately , but now after 9 months she is not forwarding the avidences in the court after getting 3 last oppertunities to file the avidances in dv act , now they are again crying for the arrears which formed in the last 9 - 10months.

 

We have filled an application in the court that she is not giving any rent receipt as she is staying in her mother's house ,  with her parents so in the adsence of rent receipt on which accmunt we should pay the 8000 amount per month which was granted to her for house rent.

On this application the magistrate ordered  me to compile the order of session court and to follow the commitment which was done by my lawyers in high court at the time of regular bail.

My question is that if a girl admited that she is getting a good salery and on the other hand she is  making delay to present the avidence , in that case am entitel to give her the arrears because the delay in time is not from my side , a she is making delay to present the avidence , if she will present it the case is at the final stage of regular orders , there fore she is making delay to increase the amount of arrears .

Again in her all applications she never mentioned that she is working , only with the efforts of my lawyers when court asked her court questions then she informed about her job.

What is the correct solution of the above situation .. i am thinking that we should make an appeal againest the order in high court that the if she will countinusealy make delay in the process and her only intention for delay is to increase the arrears amout .. will it work ..because my last appeal againest x party was not dismissed .. we only withdrew it because the high court directed to disctrict court to finish this case immediately.



Learning

 4 Replies

Adv Aileen Marques (Lawyer)     02 October 2011

Well many judges insist that all arrears of maintenance be paid before the evidence stage starts. Also all applications are disposed off before the evidence stage. So you will have to pay the arrears. If you decide to go in appeal now, then the High court may say finish with the evidence/ trial stage and final order/ judgment and come back if you still aggrieved.

1 Like

Tajobsindia (Senior Partner )     02 October 2011

1. Make a D.D. of the arrears amount and deposit it in concerned court with bond to release it after final Order to successful party due to new facts brought to you nd same brought to notice of concerned Court at first opportunity and simultaneously file "perjury" affidavit annexing all these new facts evidences and pray for dismissal of her Bharat Ratna DV case itself.
Reasoning: She files Bharat Ratna DV ACt seeking various relief’s under Bharat Ratna DV Act with intent to play 'fraud' upon court as her Bharat Ratna DV Act is annexed with her Sworn Oath Affidavit is it not ! She showed herself to be without any 'income' and whatever ex party she showed as your earning / income based on which court was mislead to come to a interim conclusion to pay her 4 K towards maint. Later taking advantage of situation of your absence she approaches Sessions Court and do the usual drama and gets another 8 K this time towards rent / accommodation. Now you come to know of all these during bail hearings where the court was interested to hear bail reasoning merits not to go on Bharat Ratna DV Act suit merits / facts etc. So instead of going tangent and loosing focus 'perjury' charges is a must first of all and second under change of circumstances i.e. she having income of 1 L both interim relief’s cancellation is a must. With evidence hearing pray for seeking evidence hearings on 'perjury' application also as you qualifies to show all three basic ingredients of running a perjury case as all facts are now in front of you as per your own abv. brief ! Focus on counter case and being coming clean do present Demand Draft (DD) with a rider to release it with final Order to the successful party ! Play well calculated merit based counter as suggested in this large para by being focused no matter your income she may have shown running into multi lakhs which is not the point in all these.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 October 2011

Dear nishant

as per your query you can file an application in the hon'ble court for close her evidence and passed an Ex-party order in your favour, what is the problem in this?

feel free to call me on 9953809956 or write me on nadeemqureshi1@gmail.com

Nishhant (Business)     03 October 2011

Thanks all for these valuable advices ...Dear Alien Sir , As per your advice court can insist me to pay arrears .... but partly i have already paid arrears before my Lawyers said in high court to pay the rest arrears if any .... but due to the delay in the avidence of other party the arrears increases ...... will it not give me advantage to say that i have already paid lots of arrears but the delay is not from my side as high court also directed to district court to finish the matter as earliest


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register