• D.V. case filed by my wife

I am Sarang Yemde resident of Nagpur, Maharashtra. My wife named Swati Gaikwad, resident of Akola, Maharashtra. Our marriage took place on dt. 5/3/2016 at Nagpur. Swati filed dv case against me on dt. 4/5/2017 in JFMC court Akola. On dt.22/3/2016, she left the matrimony house and went to her sisters house at Moradi near Nagpur to celebrate Holi festival without consent of me and my parents and returned back on dt.21/5/2016. On dt.31/5/2016, there was ladies Bhisi program of my mother at our residence. My mother who she is suffering from cancer requested her to cooperate in social function but instead of cooperating,she denied to take part and went to Akola. She only stayed in matrimony house for 27 days out of 87 days. During her stay at home, she behaved cruelty and always threatend of suicid to me and my parents. On dt. 21/9/2016, she came to my residence from Akola with her father.In my absence,she went to our bedroom and pickedup her goods,ornaments whatever may be and went to pratapnagar police station,Nagpur with her father to lodge the complaint. Manila cell police noted all the arguments of both the parties. They instructed Swati Togo to your matrimony house and cooperate with your husband and inlaws instead of misbehaviour and threatening of suicid hereafter. But she denied to give them in writing and went Akola with her father. She filed DV case against me and my parents on dt.4/5/2017. JMFC court Akola ordered on dt.26/9/2017 to pay Rs 7000/- per month to my wife. Actually I am jobless and not having any property in my name. I only dependent on my father and helping and caring my parents only. How can I challenge this order, pl guide me.
Asked 4 years ago in Criminal Law
Religion: Hindu

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13 Answers

You can file review petition in the court who gave maintenance order on the basis of you not havi g job and being dependent on your parents currently.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. Well, remaining unemployed is no excuse to avoid maintenance.

2. So if you can not establish yourself to be physically or mentally handicapped you would be bound provide maintenance to your wife .

3. The quantum of maintenance is very less and even though you have legal right to file revision in the sessions or high court, I find little merit in it.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

Wife living separate from husband without any reason not entitle to maintenance. File appeal against the order.

And husband unemployed - no reason to deny maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file a revision petition against the order of maintenance order within 90 days and based on the fact that you don't have a job and you are dependant on your parents you can pray for modification of maintenance order

Mrinali Prasad
Advocate, New Delhi
20 Answers

Not rated

file appeal against said order before sessions court

2) take the plea that you are jobless and not in position to pay Rs 7000 per month ordered by court

3) you will have to deposit arrears of maintenance before court hears your appeal

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

husband must pay the maintenance to the wife according to hindu marriage act.

There are a lot of Judgments support either of the side when it comes to paying maintenance. It all depends upon the facts and circumstances in each case.

Case of law:

The couple had married in 2007 and, according to the husband, it lasted only for three weeks as he sought divorce accusing the wife and her family of hiding the fact from him that she was suffering from a chronic disease.

Before the marriage, the husband worked in a company in Angola. However, after the marriage he lost his job there as he could not join back his duty due to seizure of his passport by the police here. He could not manage a job here as well.

When Bhardwaj filed the divorce petition, the wife lodged an FIR against him under the Domestic Violence Act and Section 498A (subjecting a woman to cruelty for dowry) of the Indian Penal Code.

Setting aside the two orders, Justice S.N. Dhingra said that while passing the orders for maintenance the presiding judicial officers could not take into account the fact that Bhardwaj was without a job.

Justice Dhingra further noted that both the husband and the wife were equally qualified and had the potential to earn. The wife worked in a multi-national company before the marriage.

Observing that no court can tell a man to beg or borrow or steal to pay maintenance to his wife in case of estrangement, Justice Dhingra said: ``No law provides that a husband has to maintain his wife, living separately from him, irrespective of the fact that whether he earns or not.’’

The Magistrate and the Sessions Judge had rationalised their orders asking the husband to grant maintenance to his wife on the ground of his past `handsome income’ when he was in job.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear,

I don't understand, How court passed this order of 7000 p.m. Your advocate didn't raise any

objection against this order.

File appeal against this order and show your income proofs, that you are jobless.

She left your house with her own will.

Fight case and you will win at last for sure.

Collect all the evidence against her.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Appoint a competent local lawyer at the earliest to represent you in court. You may also apply at the Nagpur district legal services authority for an empanelled lawyer who will represent you for free.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

File an appeal against this under under section 29 of the PwDVA.

Your wife is not entitled to any maintenance inasmuch as she is the one who has deserted you without any just and sufficient cause, and is refusing to come back to the matrimonial home.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dv order can be challange before the sessions court in the revision/ appeal you can take a defence since there is no primary evidence to show that there was violence wife is misusing the law further you do not earn therefore the order need to be set aside.

See in recent case bombay high court and himachal high court has clearly stated that DV cannot be misused for maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Being jobless is not a defence to a case for maintenance filed by wife. Supreme Court has said that husband may have to beg or borrow but maintain his wife.

2. The order of interim maintenance can be challenged only on the ground that the JMFC did not correctly factor in your liabilities. You have to show infirmity in the order in order to succeed in the appellate court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

This is my response to you:

1. Since the JMFC made that order, approach the district court;

2. You can also directly approach the high court and reduce this payment;

3. You can tell the judge that you have many loans and liabilities therefore you cannot afford to pay that much'

4. You can get it down to Rs.3000/-

5. Claim that you have to maintain your parents etc.;

6. Try to collect all evidences which show that your source of income is less and your expenses are more.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If you are aggrieved by this order you may file a revision petition to set aside the trial court order.

You may cite the reasons you rely upon to treat this as a miscarriage of justice.

What is your own advocate' s opinion on this.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

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