cpc

pwdv act


Wife filled a false case against husband under PWDV Act 

DIR report suggest that the Husband wants to leave the company of Wife & Children where-as many evidences are available to negate the DIR.

Husband challenges the trial court order of maintenance in High Court.

Now my questions are:

*Can petitioner challenge the DIR report in High Court.

*Can high court consider DIR report while deciding maintenance petition.

 

 
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N.A

Originally posted by : password
Wife filled a false case against husband under PWDV Act 

DIR report suggest that the Husband wants to leave the company of Wife & Children where-as many evidences are available to negate the DIR.

Husband challenges the trial court order of maintenance in High Court.

Now my questions are:

*Can petitioner challenge the DIR report in High Court.

*Can high court consider DIR report while deciding maintenance petition.

Whether the contents of DIR report is correct or not, it is matter of trial.

If you apply for quashing for trial court proceedings then you can challange the same but you said that you have challanged the order of maintenance. so contents of DIR will not be looked by appeallate court

HC will only consider moneytory status and standard of living of both the parties. 

 
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Bangalore

Hight Court will look into only technical defects if any in the case which have been overlooked by trial court.  If the Trial Court has grossly erred in passing maintenance, it might dismiss the mainteannce plea.  But anyhow orders of maintenance being interim in nature, HC wont meddle with it.  99% your appeal to dismiss maintenance plea will be dismissed.  HC will look into every aspect of the case including DIR.  The case will go on in Trial Court and final verdict will be passed based on findings of whtehr domestic violence (refer PWDVA act 2005 for definition of DV which has been amended multiple times via precedents of Hon SC) occured or not.

This case will squeeze the life out of you and the co-accused.  Go for settlement, pay the wife and take mutual divorce or else there are lot of people who fight entire life like above replier , running behind justice.  Justice will be delivered in a decade or so going by the pace of Indian Courts.  Be aware.

 
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