498a DV & maintenance case in progress

Engineer

After 11 yrs of marriage she filed false case 498a against me, my mother & my sister who is wife of handicapped unemployed person. Immediately after 498a, she filed for Domestic Violence & maintenance case. I am NRI working professional engineer. I have given divorce her after filing DV & maintenance case as per Muslim law. She is not accepting this divorce & saying it is illegal. Court ordered to pay maintenance of Rs. 23000 every month to her. To pay such huge money every month, definitely I have to work. My question is; Is there any provision in law that I can stay abroad & fight the case without attending the hearings? Please advice. Thanks
 
Reply   
 
Legal Consultant/Lawyer

Your advocate can file Criminal Revision Petition (Appeal) against the "Maintenance" Order in the state High court;

Yes, in all the cases either your ' parentd or your advocate'  can  "Personally Represent" on behalf of you with the permission of Court; ask your advocate to file a "dispence with petition" on behalf of you.

If you have given Talaq in the presence of two witnesses and to that effect sent a supporting document either through Advocate or through "Qazat Office"; then as per "Shariah Law" your pronouncement of Talaq is valid and legaly correct, she can't represent it as invalid because you pronounced the same in her absence and no document to that effect  is accepted by her. 


Total likes : 1 times

 
Reply   
 


advocate

Dear Sir,

Please send latest citation in this regard.


Total likes : 1 times

 
Reply   
 

apply your personal law.

you may have to come once or twice. decide an advocate expert in mohamedan law.

firstly obtained stay on the lower court order.


Total likes : 1 times

 
Reply   
 
Engineer

Dear Aejaz sahab, thanks for your advice. Also, I thanks to all other advocates who took time to reply.

The latest happenings;

1. The appeal for interim order for maintenance filed in the lower court and is in progress. (The maintenance also includes for wife).

2. 498a Main case file has been re-opened (previously it was missing from the court) Summons received (after 5 months), to attend the court in next month. Summon on my name has been signed by my mother & now my advocate is telling me that it is must for me to attend the court. My question is what are the dire consequences if I do not attend it? (I am on bail right now).

3. Since court ordered to pay maintenance to wife also, my advocate filed appeal to remove her name. The case is in progress.

4. DV is still in progress. Every week my advocate is attending but he said that he is submitting the 317 form for me. My question is; What is the future impact on the case if 317 form is submitting every week on behalf of me? Is there any other provision to safeguard myself from not attending the DV hearings?

I am not trying to hide from the case, but I want to stay away from it so that I should not lose my present job, also I can earn & pay her monthly. I really appreciate your advice, as this will guide every NRI who is in trouble like me. Thanks.

 
Reply   
 

2) if you do not attend the court, your bail will be cancled by the court and you will be in prision again. one of the condition of your bail is that - you will attend the court in person.

3) you may go to higher court, for stay and set-aside the maintenance case. but if the amount is heavy to you and your unable to bear the pressure - then only go, otherwise it will be fruitless.

 
Reply   
 
LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

u can contact me at 9871158578;

rakhibudhiraja@gmail.com

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x