Hi My name is Somnath,. I got married in Jan-2017. My case is no different from others, my wife has filed a fake dowry case, against me, father, mother, sisters and their husbands (My sisters do not live in same city). However FIR was lodged against me, father & mother. And I got the anticipatory bail too. Court hearings not yet started, but the she also filed a DV case in her home town. I am a working professional and my salary is quiet good, where my wife comes from a very low financial background, and we did not take a single penny in dowry other than the gold ornaments which she used to wore. However my wife is more literate than me, but unfortunately her salaries were not that up to the mark in comparison to her qualifications, but still that was sufficient in Raipur like a city. She left her job after getting married in 3-4 months, due to her own reasons (Non satisfactory pay outs). She never worked again, however she acted like she wanted to do, and I helped her finding new job in many different ways, but she used to refuse all of them for some silly reasons. - She forced me to drop her to her father's home, by threatening me about attempting suicide (I dont have proof of that) but I have a proof that, I myself dropped her to her mother's home. But in 498 and DV, she mentioned that she was kept under major surveillance, after beating her to unconsciousness by all of the above mentioned alleged people in march'2018, and she some how managed to ran away from us to her mothers home which is 150 KM away. In Dec'18 she filed this DV, after 9 months of leaving my home. - She alleged that, she was not being provided with basic needs like food, entertainment, cloths, medical, and a healthy lifestyle. I do have bills of Movies, restaurants, branded cloths, medical bills on her name, certificate of the doctor for her specific illness, for which she was getting treated during the time she was with me, her medical insurance copy which I bought for her and lot many small evidences which proves that I was giving her far better life style than before marriage. - She alleged that, we have taken dowry of 6 lakh in cash, where as Jan'17 was "demonetization" time and looking at her parents financial conditions it was not possible. I do have few witnesses and evidences who are ready to support me in this point too. - The documents and invoices she has submitted which is of Bed,wardrobe,bike,AC etc is all forged and can be easily challenged in court, with a valid invoice which is with me and purchased by me only. And I have many other evidences which should support me in DV and 498 both. I don't want to give her maintenance, she can earn as she was earlier, we dont have any kids. And she doesnt have any strong evidence to support the physical abuse. and I have many, can the DV case go against me. Or can anyone suggest anything more in this matter. Because my lawyer says that irrespactive of being innocent I have to give her maintenance.
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Dear Client,
To claim maintenance, first wife had to prove domestic violence, mere allegation not sufficient. Educated wife sitting idle at home, not entitle to maintenance.
As you said, you have many evidence to refute her allegation, same shall be submit in court. And keep the original intact.
Burden of proof is upon prosecution to prove allegations beyond reasonable doubt
2) if wife is unable to prove allegations you would be acquitted
3)if you are highly qualified and earning substantial income court would award her maintenance
4) you can draw attention of court to fact that wife has worked in past
Your lawyer is just misguiding you. Maintainence under crpc; or maintenance and compensation under DV; or alimony in divorce case--- such questions arise when eight you are unwind to keep your wife or you and your family members have created circumstances where it's impossible for her to stay with you.
In your case, under the circumstances you enumerated, there's no question of you committing any matrimonial wrong: so the question of maintenance or alimony should not arise. Your lawyer should be sharp, competent and a professional with integrity to defend you and your interests. Instead, the person whom you have appointed, is misguiding you and detrimental to your interests.
So you can only be best adviced here to take your brief back from him or her. Then appoint a good lawyer after proper consultation.
Expert legal services don't come cheap. You showing also be prepared to appoint best legal assistance even if it's out of your state. My services are at your disposal. I appear in various trial courts, family courts, high courts across India and also in Supreme Court.
So take appointment and come to my office for exhaustive consultation. [deleted] (nine eight two zero eight nine seven eight eight four)
Some typo has occurred while replying long. I beg your pardon. Please read--- ' when you are unwilling to keep your wife--'
The court may grant her interim maintenance but the grant of Permanent maintenance depends upon the evidence, in the maintenance case you need to prove that she is capable to maintain herself being highly educated and having job experience
a lot of judgments in your favor
from the facts stated chances are good in your favour for DV case
Questions For Mr. Ajay Sethi- On your third point, as I mentioned she highly educated but underpaid, I am graduate but yes I do earn significantly 10 times higher than what she can earn as of now in RAIPUR. But how does that makes any difference. Can she be rewarded with maintenance? For Mr. Pant: I am now not willing to be with her in any circumstances, I tried my level best to bring her back in those 9 months but she demanded me to abandon my parents, my father became a heart patient after a month she left, when he came to know about my wife's intentions, he got heart attack and he is and 60+, she didnt even bother to come down to see my father. I am the only son, due these mental pressures I also met with an accident and had head injury , she never came to see me as well. I filed a Divorce Case in Dec'18, do you think it can bring negative Impact on my case.
Wife would be awarded maintenance if there is substantial differences in your incomes
2) filing for divorce woukd not impact your case adversely
No. You having filed a divorce case should not prima facie bear negatively on any cases (DV and dowry) filed by your wife.
Dear Sir,
The maintenance has to be determined in accordance to the living standards of the person concerned which she enjoyed at the place of her husband. Here ‘ex-wife’ includes every woman who has been divorced by her husband or has obtained a divorce from her husband and has not remarried
Produce the following documents in your defense:
The following FAQ's will help you:
What is the maximum maintenance amount for a resident Indian?
A. Maximum is around Rs.3000 per month. Exceptions are very rare.
Q. Can I bring some facts to the judge and get my maintenance reduced?
A. Yes.
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA).
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc.
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance.
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
6) Both are living seperately by mutual consent (Section 125(4) of CrPC).
They need to prove the domestic voilence for maintenance. But court gives maintenance mechanically.
You can avoid maintenance totally also. For that you want to prove she left your home without any reason.
Your lawyer is right that since she is unemployed the court pass an order for interim maintenance in DV case.
To challenge her other grounds s you told that you have evidences, you can challenge her cases properly and get it dismissed by properly cross examining her during the trial proceedings.
Similarly you can challenge her 498a case also on the basis of the information you rely upon because during demonetization it was difficult to see even the currency forget about huge amount as she claims.
Filing divorce case is your decision, that has nothing to do with her false DV case or any other case.
You may go ahead with your plan to dissolve the marriage since it may not be possible to live with her together anymore as she has created so much of problems in the past.
Please suggest further At any cost, I do not want to give her a single penny. And she is doing all this because she knows, I can pay her. In recent conversations she revealed that she will not settle this case without alimony of 15 lakh. She has plotted all this sure for money. Now I am thinking of quitting my job, and sit idle. It won't affect me much. Can court still order interim maintenance for her, now I will be also unemployed.
The court shall pass an order granting interim maintenance on the proven income to at least 25%, which cannot be avoided. However you have rights to deny one time settlement when it is sought by her.
Even if you are unemployed court would award her maintenance
court would consider your last year income in determining maintenance
Your wife will not be eligible to claim maintenance if she has deserted you. Better send notice for restitution of conjugal rights in the court where you reside now. If she comes back, well and good. Or else you will need to proceed with divorce. You need not pay maintenance till court issues you a decree and from what you said, it is a case of your wife deserting you and hence she cannot claim maintenance.
quiting the job is not an option still court will award you maintenance as you are capable of earning. you can contest the same on merits.
Hi,
You are suggested to keep all the proof and the produce the same at correct time. Please keep your advocate in similar track as of you once no torture is done to her and she left at her own, no maintenance to her.
Dear Sir,
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a compitant court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
Hi.. there is some progress 498- during the police investigation nothing much happned.. as I mentioned in my earlier post she produced all fake evidences.. and challan is submitted.. now the first hearing will be in June.. 125- she is just taking new dates.. still did not receive any summon.. checked on internet. DV- that's also stuck.. she included my sister's name.. and she doesn't have address of her.. so my sister hasnt receive any court summon. so I am getting new dates everytime..can she just take my sister's name out of the case and proceed further? Divorce- ( this is filed by me, she didn't yet) it was my first hearing, the judge sent both of us for counselling, and she said she wants to come back in front of the counsellor, but when I said, i don't wanna be with her if she tries to abandon my parents.. the counsellor took her side.. and told me to abandon my parents as they are still earning.. I have been given next date.. any suggestions..
Since she has already impleaded your sister in the DV case she cannot request for deleting her name at this stage.
The mediator may tell anything, you dont have to accept the advise given by the mediator, if he is still insisting then you may ask him/her to send the case back to the regular court where you can conduct the case as per your own pleadings.
The counselors advice isn't legally tenable. Professionally the counselor is just a psychologist and not a law professional. His profile is just to make a marriage work. Hence, his advice must not be considered in isolation, but you have to consider the legal position too.
You have to make your parents and wife, both parts of your life. There's no law that a married man needs to abandon his parents to successfully establish ca matrimonial home.
So reject the counselor's advice regarding abandoning parents. Your wife's insistence on doing so, amounts to cruelty upon you; and a valid ground to seek divorce
If there are no merits you can file discharge application in trial court or quashing application in hc
1) No DV case is maintainable against sister if there is no shared household
2) if your sister is not staying in sane house no DV case is maintainable
3) in divorce case you should agree that that you are willing to stay separate from parents provided wife withdraws false dowry /DV case filed by her
I need some further suggestions.. DV- My sister who lives in some other state, still did not receive any summons, moreover she is not in a state to join any court proceedings in my home town. So the lawyer of my wife has requested court to allow them to go for news paper aid in my sister's town. Which the court is going to accept as "taamil". Please suggest is my sister in trouble. 125- I have received the court summon. 498- No progress so far. In June I have first date. Divorce- she did not come in last hearing. Further, I have almost lost all my leaves, because of 4 minimum leaves are required to attend all the above cases. Now, as most of you have suggested that court will anyways reward her interim allowance, so I decided to pursue a new job with better hike in my salary ( as I can not afford to give her allowance, if it goes beyond my limits). But shockingly, I failed in many interviews as I am going through court proceedings, or they do not take interest in my candidature after knowing that I am, out on bail in matrimonial court cases. This has brought a new angle, as I can not continue with my current job for longer time and I am also not getting new.. won't court consider these things. Please suggest, I am almost stuck from all the sides.
The court will consider only when you are unemployed or thrown out of your job due to hectic court proceedings.
The court will not come to know about your status until you inform the court by filing a petition to record your status before your witness evidence deposition begins.
You can file quashing of domestic violence complaint as far as your sister is concerned as she is in other state. You need to contest the cases or discharge the same in trial court
Your sister is not in trouble
2) no DV case is maintainable against her as there is no shared household
3) you can seek exemption from personal appearance in dowry harassment case
4) in DV case personal presence is not necessary if you are represented by lawyer