1) take letter from your employer that your monthly salary is x amount

2) in your reply deny that you are earning Rs 50 K a month

3) rely upon your employer letter to prove your salary

4) mention that your income is below exemption limit and hence not filing any income tax returns . Further mention that you are suffering from cancer and currently undergoing treatment and hence cannot work

5) if you don’t comply with orders passed for maintenance in DV case execution proceedings can be taken against you

Hi

As per your description you may have to pay small amount as maintenance. Also you may not have to pay anything but for that you need to prove in court that your wife is able to maintain herself.

Yes you can file for bail if convicted.

But be positive you may be acquitted also.

Thank You

You are at liberty to stay in another city

2) you are at liberty to file divorce case against wife for mental cruelty

3) your personal presence is not necessary on every date if you are represented by lawyer

Hi, 1) as per your DV case if you get conviction upto 3 years , you will get bail and can appeal to the high court against the lower court order ..2) the court will allow her maintanance application , but you can challenge the amount , by showing the health and medical expenses of your parents and if any loan that is being taken by you .. The bigger liabilities you show on yourself , minimum the maintanace will be granted by court ..

Respected sir...

You have to make your mind clear that can you stay with her in these conditions .What wrong does your natives did to her and what about you sir ...She just want you under the pressure and want money from you along with giving mental torture ...She can claim maintenance from you as it is her legal right over you but she will only get up to 5000 at max only if you have to produce evidence in the court no need to collect extra just mentioned all the facts in your reply which you had mentioned here ...No need to be I. Presure handle the situation with power and strength...I would also like to advice you a divorce petition under section 13 -A of HMA ...You can withdraw it latter but it is nessesry to relise presure right now as well as it will play a part of defence in your D.V act case ...

Plese be strong because your natives are also depends on you so look at them and face it with such a strength as much as you can ...

Thanku

1. You claim that your salary is Rs.12 K and collect a certificate to that effect from your employer.

2. As per the Supreme court direction you might be directed to pay 25% of your net monthly income. So, the most important issue in this case is to prove that you received Rs.12 K towards salary from your employer.

1. There is no restrain in your leaving present address and settle at your home town.

2. You can file a divorce suit at the present place and attened to it by commuting from your home town.

3. Filing of case at the place where you are currently staying has no bearing on your settling else where including your home town.

1. You shall have to pay the maintenance amount as directed by the Court. You can negotiate with yopur wife and jointly file a mutual consent divorce petition on agreed terms which will be decided with in 6 & 1/2 months from the date of its filing.

2. Contest the maintenance case as suggested in my earlier post.

3. If the verdict in DV case goes against you, your lawyer should pray for one months time for the enforcement of the order on you to allow you the chance to lodge an appeal before the higher Court and in that case the punishment term will be naturally be ineffective for one month.

4. You can thereafter file an appeal challenging the order of the lower Court also praying for a stay order on the enforcement of the direction of the lower Court up on you.

Dear Client,

In case filed under Domestic Violence act, there`s no arrest except failed to comply with the order of the court.

Bring all the facts before the court in Ur reply in all cases, n show ur actual salary, and zero transaction bank statement, no big amount will be ordered as maintenance , and if ur wife is earning/well educated , u might not need to pay maintenance even .

Yes you must apply for bail immediately.

since you have less source of income you will not have to pay as much amount as they are claiming.

You may file the divorce case and then may subsequently come and attend the divorce proceedings.

Formal reply to the maintenance case can only be told after seeing the maintenance petition.

Kindly contact a local lawyer for the same.

Regards

So considering the above, how the Maintenance case will be treated and what amount of maintenance i am liable to pay and what chances they have to prove my salary is 50K and thus ask for 15000 to pay.

Guide me if any counters i can get rid of the maintenance with a formal amount.

Also guide me whether if i was supposed to penalized in DV case, can i apply for a bail (as i was not interested to go to jail 2nd time and would like to forward this case to next Level Court).

Even if you lose the DV case, you will not be sent to jail, the court will pass the orders granting the relief to the petitioner.

For proving your income she has to produce documentary evidence or else her claim may not be entertained by court if your advocate strongly objects to this.

if at all the DV case is on my favor and as my wife is staying separate since 2012, can i leave my home town and is there any possibility to charge with another case or do i have any options to file a Divorce and then leave my home city and attend for the Divorce trials or any other solution to overcome the problem

Whether you win the DV case of not you have rights to do whatever you want to do.

you can file divorce case whether remaining in the same house or staying in another house out of this house.

You need not wait for the disposal of the DV case also if you really want to quit the married life with her by filing a divorce petition against her.

Guide me if any counters i can get rid of the maintenance with a formal amount.

Also guide me whether if i was supposed to penalized in DV case, can i apply for a bail (as i was not interested to go to jail 2nd time and would like to forward this case to next Level Court).

There is no formal format to file counter to her maintenance petition.

You have to deny all her allegations one by one and also can add the reasons that why she is not eligible for seeking maintenance.

You may even file the documentary evidences along with your counter to substantiate your version.

Discuss with your advocate at length before finalising the counter.

Yes divorce can be filed on the ground that a false case has been filed against you. This amounts to cruelty as per the judgment of the Supreme Court.

Regards

File for divorce on grounds of mental cruelty

2) wife making false allegations against husband amounts to mental cruelty

3) filing of false cases amounts to mental cruelty

The false criminal case itself is another form of cruelty.

You can file a divorce case on the grounds of cruelty by including this incident also besides other reasons for cruelty.

check this link .

http://indianexpress.com/article/india/false-sec-498-a-case-amounts-to-cruelty-ground-for-divorce-hc-4634859/

1. Congratulations.

2. Yes, you can file a divorce suit on the ground of cruelty as filing false 498A complaint is also considered as a form of cruelty on the part of the wife as observed by the Apex Court.