• Domestic violence

Dear All,

I am from Mumbai and I am victim of false 498a/406/34/506/323 along with my family. I have documentary evidences of each allegation, hence moved for quash and FIR quashing in process in Mumbai high court, argument will happen this month. I have enough proof of this being a prima facie case.Chargesheet not filed even after 9 months. My wife filed false DV (Feb2017) on me/family with content similar as FIR (NOV 2016) and have requested benefits as per DV sections like (Rent, Interim,medical). I have three properties on my name. I earn salary in six digits and have liabilities like multiple EMIs and my parents which consumes my 85% salary. Wife currently earns around 20k. Though she mentioned she is unable to maintain herself in DV, She is just housewife and being jobless during filing of DV application. She is highly qualifed i.e MBA. I am aware about where she works and have collected her PF statement from PF dept via RTI which validates that her claim is fake.She lied during submiision of DV application. She also mentioned I denied her responsibility during mediation hence she should be granted maintenance. We have mediation report where police says Husband ready to keep his wife. Still she has submitted false arguments. 
My questions are

1) Will she be granted Interim maintenance as she came to court with unclean hands?
2) What would be impact on property as I stay in one of the property (Thane) and other properties located far away in the city? ( In nasik), She gets HRA as well. Will court consider it?
3) She gets medical as well in her salary, Court will consider that?
4) I am still ready to keep her. What stand court will take considering law abuse process by Wife?
5) Recenltly she attempted to hack into my sister's Income tax and facebook account to sneak in Form16 and other her personal detail. We got notified by email alert and we raised this with Cyber cell.
6) Police station still not registering complaint of Cyber crime. Currently My sister moved to Europe for couple of months so wanted to know If I file private complaint on behalf of her (My sister). If yes, what is the process?
7) Can DV gets quashed in Mumbai High court? if Yes, what is process?
8) What parameters will be considered by court while granting Interim to highly qualified working wife who comes to court with unclean hands?
9) We have to file reply to her statement in DV in end of this month? When Interim argument will happen? What parameters court considers during Interim application decision? There are enough proofs that she was not subjected to cruelity and she came to court with unclean hands?
Asked 8 years ago in Family Law
Religion: Hindu

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7 Answers

1) court would award some amount as maintenance on account of wide disparity in your incomes

2) court would consider fact that wife gets HRA

3) court will consider that wife gets medical facilities

4) if your sister account was sought to be hacked your sister has to file complaint before cyber cell

5) quashing is to be done only in exceptional circumstances

6) it is necessary to erpuse allegations made in DV complaint as to whether HC would quash DV case or not

7) court consider your income , wife income , number of dependents while determining maintenance payable to wife

8) after reply is filed court would place application for arguments for interim reliefs

9) court considers income of both parties , whether wife is highly qualified , has past working experience in determining maintenance

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1, Mere unclean hands is not enough. Unless you prove her income maintenance can not be avoided.

2. Wife has no share in the proeprty of husband but she has right of residence or she can seek restraint order from selling those if the properties are standing in your name.

3.If you fail to prove her income then you will be directed to provide maintenance.

4. You can express your willingness but id she refuses to come back then court would proceed to pass order.

5. You can file complaint with Cyber cell.

6.File a petition u/s 156(3) crpc in the magistrate's court who would direct for registration of IFR.

7.Quashing is rarely allowed. So forget this option.

8. It in its discretion may refuse to pass interim order.

9.Once you file your reply interim petition would be heard. Highlight all the points in your favour. the court may refuse to provide interim maintenance order.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

.1. if you will show her malice before the court, the court might also deny the maintenance knowing that she is an MBA.

2. Yes the court will consider the HRA issue, there will be no impact on the property.

3. Yes the court will consider that.

4. That depends on how your case is represented by your lawyer before the court.

5. Inform this to the court as well, and pursue the case before the cyber cell also.

6. Complaint can not be filed on her behalf, she has to be present to file a case under section 156(3) of the Cr.P.C.

7. You can file a case under section 482 of Cr.P.C., but chance are very bleak that the case will get quashed.

8. Parameters of the court depends on the way the case is represented by your lawyer before the court.

9. The arguments can not be told by me without seeing the content of the complaint filed by your wife. You main focus will be major;y on the fact that she has come to the court of law with unclean hands.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. You should prove her claims to be false that she is an unemployed, then the court will realise that she has not approached court with clean hands.

2. If all the properties are on your name only then you dont have to worry that she cannot claim any share in it as a right during your lifetime.

3. You may prove that with evidence.

4. You can state and clearly express before court about this, ;et the court decide

6. Your sister can lodge a complaint even online and request for proper action.

You cannot file a complaint on her behalf

7. Try.

8. There are no parameters on which court will decide about interim maintenance.

It will not go deep into other issues, it would consider that if there is a valid marriage between them then she is eligible for interim maintenance too.

9. All the points what you state shall be decided during disposal of main petition, for this interim maintenance you may have to fight it out strongly

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Mere contradiction does not attract perjury.the leis will have to be substantial to enbale her to get unlawful gain at your cost.

2.Unless the lies are material the court would proceed with the interim application only.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can file application under section 340 crpc for wife having made false statements on oath

2) not necessary till wife files affidavit

3) person who does not come to court with clean hands is not entitled to any reliefs

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

yes you can press on the interim application and if something has not been stated on affidavit then perjury is not attracted. Still you can make an application and ask the judge to decide the same, also you can try to challenge the said proceedings under section 482 of Cr p c.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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