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Harrassed (accountant)     07 July 2013

Regarding maintenace under dv after divorce and some catch

Hi,

Muslim marriage.

Me and my exwife were living seperatly from Feb-2012 and i divorced her in Feb-2013.I didn't accepted her and her parents vague demands.And after my repeated request she didn't come back before divorce.long history.

Now she filed DV and 498a against me after divorce.I have all the evidences(Phone records,sms and emails all are proved it was sent from her) and 30 witness of my ex inlaws cruelty.

In her DV and 498a application she file false story and i also have proof of that because she mentioned watever dates i was not in town and i have pics of that day when she showed i beat her.

now my adv asking me to pay 50K to judge to dismiss this case wheares legally i am 100% correct and i can easily win the case.i dont want to bribe judge.

Question1:Am i right if i dont bribe to judge as DV case donot stands if there is divorce and both are living seperatly for1 yr before divorce.if judge do not dismiss their case i would like to fight on merit as i have all proofs.

Question2:if i do second marriage will it reduce maintenance for her.and second thing it was muslim marriage and as per muslim it is not easy to get maintence after divorce.

Right now i am sitting in USA.

Thanks



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 July 2013

Dear sir, 

When you have everything in your favour then there is no need to even think about bribing someone and moreover after the marraige has been dissolved by the learned court himself then the petition would not lie by any strech of imagination.

so far as the maintanance is.concerned she has the right to receive even after divorce under S125 of crpc.....

 

Advocate kapil chandna

9911218741

Harrassed (accountant)     08 July 2013

Thank you for your Answer.

 

My question is also that if i do second marriage will it reduce maintenance for my ex wife...because i don't want to let them go easily as their motive was to extract money from me after the second day of marriage...i was gifting her diamond ring every month coz i considered her as soul mate..but when i realized she was selling them to pay money to her parents i stopped gifting her..but her greedy parents didn't like then they called her home to attend marriage in their relative in feb-2012..after that they didn't sent her back..

I am also thinking to kill her brother and surrender my self after returning to india so that they can understand how bad it is to spoil the life of innocent for dowry harrasment..then they will die everyday till their last breath...coz it is like hell to suffer w/o mistake...

till now they dint file S125..coz they cant proof that i deserted her...


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