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Krishnamurthy (Nil)     08 August 2017

Review petition

My daughter-in-law deserted her husband (my son) in the year 2010 and filed false 498A case in Madras High Court against my son, me and my wife. During the mediation, she admitted that she filed false 498A under the ill-advice of her parents and admitted that my son and his parents did not ask for any Dowry, that they looked after her very well and that she wanted to continue to live with her husband and also gave a written Affidavit admitting all these facts to the High Court. The Hon'ble High Court subsequently quashed the said 498A case filed by her.

In the year 2011 a girl child was born to them and when the child was 18 months old, she again deserted her husband and went to her parents with the child. She filed false DV case as in the past and also filed divorce petition.  Both cases are going on in different courts. On her petition for IM in the court where divorce petition is going on, the court awarded to pay IM of Rs 10,000 each to her and to the child, totaling Rs. 20,000/- per month.

  1. She has filed false 498A previously, gave affidavit in Madras HC that she filed 498A because of her parents’ insistence and threat and her 498A was quashed.
  2. She deserted her husband on her own will and accord without any valid reasons.
  3. She is well qualified but not seeking any employment since her parents are wealthy.

Hence, she is not eligible for IM, but child can be paid. So, my son filed an appeal in HC, but HC also did not revoke and confirmed the order passed by the lower court. Hence, my son made SLP in Supreme Court mentioning all these points, but SC dismissed SLP without dealing in admission stage itself stating that the petition has no merits.

I wonder what other merits SC needs beyond the above merits.

Under these circumstances, can my son file a review petition in SC highlighting the above merits? Will SC admit the review petition?



 28 Replies

Siddharth Srivastava (Advocate)     08 August 2017

The grounds as alleged by you does not disentitled your daughter in law to claim maintenance for herself and the child. Though your son can file REVIEW which is his right but no purpose would be served. In rarest cases such review petition are allowed by SC. If you require any assistance then consult with details. Sidharth 9811776422

Adv Radhika Mehta (Advocate)     09 August 2017

Was she working prior to marriage? Does your son have any proof of the same? There are several judgements which states that a well-qualified woman who was earlier working cannot later on allowed to be sit idle to harass the husband.  

However, desertion, filling of false complaints shall not be considered by the Court whilst deciding the Interim Maintenance. 

Under the above circumstances, review is not advisable, unless and until your son is able to gather some proof regarding the earnings of his wife. 

Krishnamurthy (Nil)     25 August 2017

She was not working before or after the marriage. Her qualification is B.Tech (Bio-Tech). But, she has misused the Women Protection Laws by filing false 498 A which has been quashed by Madras High Court based on her written Affidavit that she filed this 498A because of her parent's compulsion and threat and that she was taken care very well by her husband and in-laws and that they have not demanded any dowry or property.

 

Actually, it was a love marriage against the willingness of her parents and she came out of her parent's house and married my son. She deserted her husband on her own will and accord without any valid reason. (She demanded that her husband should quit his job in abroad and come to India and also should come out of his parents and relatives once for all and come to her parent's house which were not accepted and hence she deserted). All the allegations mentioned in her 498A petition, which she herself admitted that they are all false and given under her parent's threat and insistence, have been repeated in her DV and Divorce petitions also for which she does not have any proof whereas we have many proofs that her allegations are false. (in this Divorce petition only she had filed IM petition)

 

My question is whether she is eligible for Interim maintenance. The Supreme Court has dismissed our SPL just mentioning that our petition has no merits. Can we still file a review petition in SC?

Adv Radhika Mehta (Advocate)     27 August 2017

At the interim stage, the court need not go into the merits of the case. Since you mentioned she was not working prior or even after marriage, I would suggest you not to file a Review Petition in SC. 

As far as your contention regarding her written affidavit is concerned, the same can always be twisted saying that she was pressurized into doing the same.  I would, therefore advise you to stop harping on the same and work on other proofs justifying your contentions. 

Krishnamurthy (Nil)     27 August 2017

Thank you very much.

Krishnamurthy (Nil)     28 August 2017

Important Point:

The Sub-court, which ordered Interim Maintenance of Rs 20,000/- per month against her IM petition where her Divorce petition case also is going on with cross examination to be undertaken soon, is at Poonamallee whereas their marriage was held in kolathur, Chennai - 99 and this sub-court has no jurisdiction since it is out of city limits. Also, the husband and wife never lived in Poonamallee area. They jointly lived in abroad and sometimes in Coimbatore only.

As such, can my son file a fresh petition in Poonamallee Sus- Court or in Chennai HC to dismiss the IM order passed by the Poonamallee Sub-Court on the ground of Jurisdiction?

Adv Radhika Mehta (Advocate)     28 August 2017

Why wasnt the object of jurisdiction raised earlier? It should ideally have been raised under SEction 9A, CPC a the time when her Interim Application was pending hearing.  Has an objection to that effect been taken in the Written Statement? If yes, make an Application under Order 14, CPC.  

Krishnamurthy (Nil)     28 August 2017

Objection of Jurisdiction was not made in our Written Statement.

Only we have stated as "The petition filed by the petitioner is not maintainable either in law or on facts".

Under this circumstance, how to proceed for dismissal of the IM order?

Adv Radhika Mehta (Advocate)     28 August 2017

If your only objective is dismissal of the Interim Maintenance order, challenging the jurisdiction is not going to give you that relief.  I can suggest you file an Application for return of the plaint under Order 7 Rule 10, CPC

Krishnamurthy (Nil)     28 August 2017

Thanks for your valuable guidance, Sir.

Krishnamurthy (Nil)     28 August 2017

What will happen to the IM order already passed? Will it be valid anymore? Once plaint is returned, whether she has to file a fresh petition for IM? Is IM payable from the date of her application in the sub-court which has no jurisdiction?

Krishnamurthy (Nil)     28 August 2017

What will happen to the IM order already passed? Will it be valid anymore? Once plaint is returned, whether she has to file a fresh petition for IM? Is IM payable from the date of her application in the sub-court which has no jurisdiction?

Krishnamurthy (Nil)     28 August 2017

What will happen to the IM order already passed? Will it be valid anymore? In case of Return of plaint, whether IM is payable from the date of her application to the sub Court which has no jurisdiction?

Adv Radhika Mehta (Advocate)     05 September 2017

When you shall file an Application for return of the plaint to the appropriate Court, all the proceedings shall be transferred.  If the order mentions that the maintenance is payable from the date of the Application, yes it is to be paid from the said date.  I would a;lso advise your son to clear the arrears at the earliest lest his defence be struck off.  


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