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Dvc498avictim (Otherd)     30 December 2014

Maintenance to wife in divorce op, who filed 498a,dvc,rcr

Hello Experts!

Hope you all doing great...:)

 

I have filed divorce OP and my wife came up with false DVC , 498a, RCR filing in her hometown on retaliation grounds. I got stay on all her retaliation cases through HC and it is still pending. 

She was working in the Software company in the same city I am staying and was earning Rs.30k before resigning and she went off to B'lore and working there but I do not know where she is working there.

Now she has filed Interim maintenance in Divorce OP asking Rs.50k as advocate fees and Rs.15k as monthly maintenance.

 

1. I know her PAN Details. Can I ask court to summon IT Dept. to get her IT details using PAN No?

 

2. I know her Bank Account details where her Salary is getting Credited from old employer. Can I summon the Banker for her Account Statements?

 

3. She has lied in her Interim Petition that she left job once she received Divorce OP from me at her office address and residing at her parents home. But she was working till Oct'14 and left to B'lore in Nov'14 for her new job. How to prove that she is ling in her petition?

 

4. She has sent Police people by using 498a case and written private complaint to office Admin to handover me to them and I have a copy of the letter that was given to Admin team. Can I resign from the current company as she has destroyed my reputation by sending Police and ask her maintenance instead?

 

Thanks in advance!!!



Learning

 1 Replies


(Guest)
Originally posted by : Dvc498avictim


Hello Experts!

Hope you all doing great...

 

I have filed divorce OP and my wife came up with DVC , 498a, RCR filing in her hometown on retaliation grounds. I got stay on all her retaliation cases through HC and it is still pending. 

She was working in the Software company in the same city I am staying and was earning Rs.30k before resigning and she went off to B'lore and working there but I do not know where she is working there.

Now she has filed Interim maintenance in Divorce OP asking Rs.50k as advocate fees and Rs.15k as monthly maintenance.

 

1. I know her PAN Details. Can I ask court to summon IT Dept. to get her IT details using PAN No?

PAN details wont help you.  Few may suggest otherwise, but it wont help.  No connection between your wife filing maintenance application and IT department, what do you think?  IT department is there to give information about your wifes income?  Like that IT department should open judiciary section to give details of income proof to courts.  

Do like this, give address of your wifes company and give application to court asking to summon her employer.  All details you can get, provided the company accepts that she is working for them.  Also give court her recent 4x6 photo.
 

2. I know her Bank Account details where her Salary is getting Credited from old employer. Can I summon the Banker for her Account Statements?
Yes you can ask court to get details of her bank transactions.
 

3. She has lied in her Interim Petition that she left job once she received Divorce OP from me at her office address and residing at her parents home. But she was working till Oct'14 and left to B'lore in Nov'14 for her new job. How to prove that she is ling in her petition?
Summon employer through court.  Get in touch with competent lawyer.
 

4. She has sent Police people by using 498a case and written private complaint to office Admin to handover me to them and I have a copy of the letter that was given to Admin team. Can I resign from the current company as she has destroyed my reputation by sending Police and ask her maintenance instead?

You can resign from present company, no problems with that.  Find some other job if you want, but the 498a bhoota will follow you everywhere, what will you do next?  Suicide?

Do that, file application under 127 stating change in cirucmstances, your story blah blah blah, cant work, give some medical certificate, purchase it from some govt doc, then file application asking maintenance from wife under 125 crpc.  DO IT, just dont let court know where you are working.

 

Thanks in advance!!!


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