Maintenance orders for false dv case

It is the duty of the husband to maintain his wife.After birth of child you would be bound to pay maintenance to your wife and child . 

If she does not agree to come back even then also you are liable to pay the maintenance.In PWDV Case the law is silent about consequences from wilful refusal of the wife to stay together with the husband.

You can file a petition for Conjugal right in case you her back.

If you have disagree with the order of maintenance passed by the court you can file appeal and other wise you have no relief.

You can avoid paying maintenance to her, if you can submit evidence that she is highly qualified and is capable of earning to maintain herself.

you have to pay the maintenance from the date of application.. is your wife educated???  always a false dvvv cases.... neither you nor court can force anyone to live with you without her will. yea u have to pay maintenance if you want to go further you have to state all the facts.....

1) You can appeal the decision if you want. You will still have to pay part of arrears. The success of appeal will depend on the grounds you provide. Simply saying complaint is false is not going to work. CJM is required to carefully consider all evidence to make an order. Is there anything material that you put on record but CJM ignored? (Example: wife is working or has worked before.) Has there been any material change in circumstances of either party? (Example: Wife has now got a job or your financial status has drastically changed.) Are you facing severe hardship in complying with order? (Example: Cannot pay for medical expenses of the son who is with you.) Just being unhappy with order does not constitute any proper grounds. Appellate judge will not change order unless you have very strong grounds. If you make up flimsy grounds and file appeal, you will get nothing. Waste of time and money, judge may even increase maintenance for wife.

2) CJM can pass order from date of application if your wife made such a prayer. Delays in court proceedings do not modify the statutory right your family has for maintenance. 

3) It seems no compensation was ordered in addition to maintenance. This probably means that your wife failed to prove any domestic violence. 

4) Maintenance can be ordered even if she could not convincingly prove any domestic violence. You have to provide decent lifestyle for your younger son, there is no way to avoid it. You also have to provide for wife if she is not working and has never worked before. This is the reality of marriage related laws in most countries. 

 

 

 

My advocate's & my understanding has been that she should not get maintenance because: 1) they were not able to prove any domestic violence (no relief if DV never happened) 2) she desserted her husband & two sons without any justifiable reason (SC has ruled "No maintenance" to wives who desserted the matrimonial home on filmsy grounds) 3) she concealed a material fact that she owns an expensive property in UK (which I bought on her name). SC has ruled on such cases also where women were denied any reliefs when they concealed such facts (coming to court with unclean hands) My understanding has been that In fact any one of the above points is sufficient to refuse maintenance. For the 3rd son (who is with her), I intend to voluntarily pay some maintenance. As I have 2 elder sons (both suffering from Asthma) & have also to care for old parents, giving RS. 15,000 PM is a huge amount as monthly maintenance. My Liability is much larger than hers. HP is a cheap place & such amount is not justifiable. I intend to: 1) get a stay order for maintenance from the H'ble HC 2) Appeal in the sessions court to quash & set aside the orders from CJM court Additionaly She has accepted in the court that she holds a diploma in fashion designing (qualified to maintain herself)

My advocate's & my understanding has been that she should not get maintenance because: 1) they were not able to prove any domestic violence (no relief if DV never happened) 2) she desserted her husband & two sons without any justifiable reason (SC has ruled "No maintenance" to wives who desserted the matrimonial home on filmsy grounds) 3) she concealed a material fact that she owns an expensive property in UK (which I bought on her name). SC has ruled on such cases also where women were denied any reliefs when they concealed such facts (coming to court with unclean hands) My understanding has been that In fact any one of the above points is sufficient to refuse maintenance. For the 3rd son (who is with her), I intend to voluntarily pay some maintenance. As I have 2 elder sons (both suffering from Asthma) & have also to care for old parents, giving RS. 15,000 PM is a huge amount as monthly maintenance. My Liability is much larger than hers. HP is a cheap place & such amount is not justifiable. I intend to: 1) get a stay order for maintenance from the H'ble HC 2) Appeal in the sessions court to quash & set aside the orders from CJM court Additionaly She has accepted in the court that she holds a diploma in fashion designing (qualified to maintain herself)

You would need to appeal the court's decision if you feel you have good justifiable reasons and got the documentary evidence as you have just mentioned.

Please change your postal address for some time so that they can’t serve you any copy of any further case (Maintenance Execution). Please never disclose your new postal address to anybody. Not even your lawyer.

 

Burden to serve copy lies on petitioner 

 

Please see my profile links for clues.

Yes, you should appeal under section 29 of DV Act in session court. Magistrate court generally don't deny maintenance to ladies,  It is routine practice of magistrates court to grant maintenance. Points raised by you are correct. 

if you can manage to provide me the copy of the order i would really love to assist you..???

Mr Ravi if you think there is a false case against you you can challenge it in the court if have not till now.

Honourable court always fix the maintenance amount after considering all the aspects of economic and social status of both the parties. In case you want to challenge the decision you can go for appeal in the higher court i.e High Court after getting the written Judgement copy from the court. Usually after pronouncing the oral judgement in the court Judges release the order with in few days depending on the pendency of the oredrs with them.

In your case it is clear thet judgement only have been given after considering the other party i.e. Your wife as;

1. Not earing member and having no income from any other source also.

2. Do not have any accomodation for her living of her own.

3. You must have done some cruelty against her so thats why there is protection order for her aginst you.

You only can get a stay order against the Judgement if you prove that

1The case is false and you never have done any cruelty against her.

1.1 If you are able to establish in the court that she has left you by her own without any provocation from your side and according to her own wish and sweet will.

2 She is well educated and has capability to earn of her own for maintaining her self. You can provide her past employment referances if any. Or prove that she is at least a graduate with some specialised skill to eaarn.

3.She has at least one source of income and some immovable property in her name where she can peacefully reside.etc.

It is better for you to consult with some good and experienced Advocate of this field. It is not correct always that a man has to maintain her wife always !!

 

You have reasonable grounds to appeal. 

Work with an experienced advocate and file appeal.