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Amjad   25 February 2016

Is there any limitation of the sessions court

After living in Patna all her life and after her marriage for 4 years, my wife left me alongwith our two minor children on the instigation of her mother and brother to Delhi, Files a DV case there showing me to be a multicrore person. In her affidavit she declares that her monthly expenses in Delhi are to the tune of Rs 2 lakh per month and that my monthly income is Rs 25 lakhs per month. She declares that I am a 8th Class passout while she is an Inter pass. To my surprise and shock even after submitting my affidavit, my income tax return statements which shows my income since before marriage till 2015-16 between Rs25-30000, the MM court ordered her to be paid Rs 75000 per month. i.e., Rs 25000 each to the mother as well to the minor children aged 4 years and 2 years. Appealed to the sessions court where I got the relief and was asked to pay Rs 37500 per month from the date of application for maintenace which is about a year and the amount goes upto Rs 5 lakhs approx. As for my earnings, I am a scrap dealer.having limited income and living in a joint fanily ancestral house.

My question- 1) Are the minors entitled to get the same amount as the wife?                                                           2) Can I go to any other competent authority for further relaxation/revision?                                                   3)  Can the wife file case of DV anywhere from India even without living in that place?                         4)  If I don't pay the maintenance- which is impossible for me, what punishment will I be given? One month or more? In that case can I request the Delhi court to send me to jail in my home city Patna rather that in Delhi?

5) can I appeal to the HC for further stay? Can I ask the court to give me time and let me pay some amount  as instalment until the court comes to the final hearing

Pls suggest as I am in very critical stage of life!!!!!!!!



 3 Replies

Amjad   26 February 2016

Do I have an option of filing prejury case in Patna or right away in Delhi? And after the sessions court revision, can I further approach the court for two reasons-1) Request further to give payments in instalments. and 2) request the court to keep the money in their custody until all the proofs of my earnings and property are complete, because I know she can never prove it as I do not have any such properties or earnings which she had given in her affidavit.

Above all are u sure I will have to stay in judicial custody for one  month? Or more?

KIshan   26 February 2016

Your case needs advice from a honest and sensible advocate. Certainly you have been put under extreme financial burden. If you do not fight this at this stage your agony is not going to last but it will hound you every month. 

Nagaraj Y   27 February 2016

Sir, please let me know under what section the application for the recovery of stridhan can be filed in the court...


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