Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Navin   14 August 2018

Quashing of case filed under dv act

My wife had filed multiple cases including maintenance under DV Act, maintenance under 125 CrPC, Divorce and 498A case. She filled maintenance under DV Act after 13 months of deserting me and the proceedings are underway. I will like to seek your guidance whether it’s advisable to challenge the maintenance filled under DV act case, pros and cons of challenging the maintenance case in district court vs High Court.


 3 Replies

Kalpesh   14 August 2018

1. Whether you like it or not maintenance cases in all courts will have to be challenged by you. That is very important. If it goes unchallenged, the judge is going to order whatever she asks and you will have to start paying it . So try your best to show a reduced income, if possible with proof. The lesser, the better.  Once she writes an amount saying that you earn so much, the onus is on you to challenge it , so do it effectively. That is point no. I. Then show , I mean magnify your expenses. Not the pub bills or 5star hotel bills. List out your genuine expenses , like rent, your liabilities, your parents upkeep, medical bills , conditions etc. but make sure that you  submit these along with the objections you raise against her allegations..  then, list out her qualifications, work experience and job details if any. Make sure you make specific details with proof. Don’t simply lie. Be bold to state the facts if you have not wronged. Always keep in mind that the judge is a learned man and he sees so many lies each day. Do not make false allegations like our wife does. This won’t take you anywhere. She has left you and now demanding your money. If you make false allegations against her and say that she always fought with you that is going to boomerang. You won’t be able to produce a single proof that you loved her in spite of having loved her and having proof also. This war , if it is thrust upon you, fight it effectively. Be bold and state the facts. But make sure to show a lesser income if you can. Doing all these you will be awarded a minimal maintenance. Good luck. Don’t simply say that you are depressed and got sacked or lost your job. No one is going to get depressed or quitting a job simply because a cruel wife left him. Fight it out man as there is no escape. You will get used to it. Hope  the case if being fought in your own city.

SUNIL KUMAR (apprentice)     15 August 2018

Kalpesh ji has given you a very true advice. Follow it with heart.
1 Like

Vinod shah (legal assistance for victims of system.     15 August 2018

First imp course is find hard evidence of her misdeeds , which u can after some efforts

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