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(Guest)

Maintenance granted in all the cases - need help for appeali

 

Dear Advisors,

I need some help from you.

Today i received the court verdict from JMFC in case under DV act, which has directed me to pay an Maintenance of Rs 5,000/- pm + House rent of Rs 5,000- + an amount of Rs 50,000/- towards violence.

Let me brief you about my going through; I was an NRI at time of marriage, and then took my wife with me to Dubai, where she stayed for 2 months & vanished from there one day without informing me. After that she was in her father’s house for nearly one year, and then put a police case under 498a, in which she could not prove the allegations’ & we all were acquitted by the court. In mean time she filled 2 maintenance cases, one under section 125 in criminal court & the other in civil court. Then later on after completing of case under 498a, & after a gap of 2 years from time of deserting me, she filed a case under DV act, on the same allegations’ as in 498a, in this case I get a verdict as above. After this again maintenance is passed under section 125, as Rs 1,500/- pm.

Now in all the cases, she has admitted to the facts during cross examination that; she was Happy, staying with me at Dubai and at my fathers place. We had gone for outings & visited many friends’ places & they had visited us in Dubai. She had left Dubai without any information to me. The tickets were booked from here in India. She had pressurised police to call me back to India, due to this I lost my job. She never tried to contact me. Since she returned from Dubai she is staying with her parents only. Her father owns an ancestral agricultural land of 14 acres; one double storied building in the city. She is educated. She does not know whether I am employed or not at present, never enquired about it. She has not provided any proofs of harassments (mentally, physically etc) of any type.

I was not able to understand one thing from these cases; how can judge grant maintenance in DV act, when there is maintenance allotted to her in sec 125 by other judge. The allegations are same through out in 498a, 125 & DV act. I have filed RCR case which is ongoing (an interim maintenance is also allotted to her in this RCR for 1,000/-pm). The judge is aware that I am un-employed & lost my job due to her filling of cases. She has accepted in her cross examination that she was living happily with me.

Now my questions are:-

1.       Is this case of DV act maintainable; if not then what/how should be my argument.

2.       Under which law shall I appeal to the District court?

3.       Can some one provide me with the High court judgements to defend my case?

4.       Do I need to pay any amount of maintenance/rent allowance/lump sum as ordered by the JMF court; before the case is appealed in District court; how should I counter this?

5.       Can I combine all these maintenance cases in one case? What should be the procedure to do so.



Learning

 10 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 December 2011

Dear Sagar

First of all i want to inform you that if a maintinance case filed u/s 125 & the maintinance order have been pssed by JMFC & the other case filed under D.V. Act then there is no barred to passed another order for maintinance.

Secondly as you informed that now you are job less or un employeed then no need to worry file an application before the court u/s 127 Crpc & satisfied the Judge/magistrate that you are jobless/un-employeed and the circumstances have been changed, if the Court think feet then the court canceal the maintinance order or change the order.

Thirdly you can file an appeal u/s 29 D.V.Act within 30 days of the court order

29. Appeal.- There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later

Fourthly yes you can file an application before the court and pray for clubbing the cases.

feel free to call for consultation

1 Like

(Guest)

Thanks Mr. Nadeem Qureshi,

Your advice was a great relief to me.

But my other questions remain unsolved; they are

1. Can some one provide me with the High court judgements to defend my case?

2. Do I need to pay any amount of maintenance/rent allowance/lump sum as ordered by the JMF court; before the case is appealed in District court; how should I counter this?

Regards

Sagar

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 December 2011

1. Tel me citation of which high court you require.

 

2. If no stay is provided by upper court then you are liable to pay maintenance allowance as ordered.

**Victim** (job)     11 December 2011

@ Sagar it looks like you haven't told us your full story. Out of all questions you asked here i don't have answer for any of them since there are experts to answer them but would u pls tell us more about police pressuring you ? Did they had any official orders against you to leave Dubai or what ? I would really appreciate if you elaborate more on this.


(Guest)

Thanks Mr. Raj Kumar Makkad,

my case is in Kolhapur (Maharastra), I need any High court citation.

secondly what should be my stand to obtain stay from upper court.

lastly under which law should i request the session court to club all the maintenance cases.

waiting in anticipation.

 

Sagar


(Guest)

Dear Victim,

She had some external influence on police, then the police called me on my phone in Dubai & asked me to return immediatly or else we will imprision ur parents & seize ur passport. As i had never been to police station before & was not aware about the procceedings, I had to return back. there are no official orders for calling me back. Later I obtained Acticipatory bail from the court. when the case started i learned that police cannot do this what they did (threatning me & calling me back).

The above has been accepted by my so called wife in her cross examination.

Regards

Sagar.

**Victim** (job)     11 December 2011

And that is what i was assuming because it was never going to be easy to get you extradited you should have called your parents to Dubai and then then ask her to rejoin you else let her file cases against you. Even also if case would have been expartied she couldn't do much unless she approaches higher authority to get her maintenance started. Although it's never too late now since maintenance has been awarded you don't want to pay her entire life if she refuses to rejoin you then let it be ask your parents to come with you to Dubai so that police don't harass your parents and then just watch i bet you she will contact you to rejoin you else divorce you mutually.


(Guest)

Dear Victim,

whatever happened is happened in the past, but presently I am in India, lost my Dubai Job. & i am un-employed right now.

what has to done after this; as i am fighting for the truth, & truth is that "I have never commited any crime aginst her"

regards

Sagar

**Victim** (job)     11 December 2011

Well since you are in india and that also jobless you can file a petition for revision of order of maintenance because you have lost your job and there is no way you have income to feed your wife that is the most you can do. There is nothing much to bring in your favour because of biasness of indian law. Although deserting your wife is never an option but as you can see that we get harassed by indian legal system many ways and that is why most of the victims desert their miserable wife.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 December 2011

fight it out, in the longer run you would win.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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