(Guest)

Urgent help in dv

My wife has filed a 498a followed by dv four months back ..in 498a she said that husband has thrown me out of the house when i denied to give him money and my gold ornaments ,has not allowed me to enter the house since then..now in dv she had asked for residence in shared household,interim maintenance ...in dv she has also stated that some of her ornaments are at my house including her belongings which she had not mentioned in 498a...am I liable to give her the ornaments (falsely written )if she gets residence right in shared household ..my lawyer says she might get residence right and she can file another case 406 for recovery of ornaments..is this true ?

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4 Replies

Raja_498a Victim (Manager) 10 October 2013

That's correct. If she is not working then you are liable for interim maintenance and residence share.

You can also decline residential share and provide rent for her. If she works and gets HRA and good salary maintenance will be rejected.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 11 October 2013

Dear,

So far the false articles she is claiming, no doubt she has all the rights to file an FIR, but you can also prove that no such ornaments were given and the strict burden of proof is upon her to prove the alleged ornaments.

Advocate Kapil Chandna

9911218741

(Guest)

The burden of proof to get relief lies on the petitioner for such claims.If you are right then simply ask her to submit the VAT paid bills of such ornaments.If that house doesn't belong to you and title of owner is your parent's or any third person then also you can fight to deny her RTR. To defy such claims by her just change your marital home and ask your parents to file suit of injunction on both of you.

If the house belongs to sole and whole to you then you can't escape rather than a request to give alternate accomodation or rent in lieu of that. If you have ample of evidences to counter her DV & 498a then better go for quash.

(Guest)

House is owned by me ..i suggested to my lawyer about rent or alternate residence but he says its at the judges discretion .so I am really confused .Another thing is can she get interim maintenance and right to shared household at the same time ?