• DVA issued in middle of an ongoing divorce case

Hi all,
I am contesting my divorce case since 2018 for which I am already paying interim maintenance every month which is already a big amount from my salary as I have old parents plus loan an my own expenses which i have to take care off with too much efforts.
Now suddenly in middle of pandemic I have been sent a DVA by the court with a new month and year of 2020 filed by my previous wife lawyer inspite of we both staying separately since 2017 as she left the home and post that i am not even allowed to have any custody of my daughter and not even allowed to meet my kid. 
Now as I am in a client side project and cant travel as the date when the notice is received by my parents and the date I have to be present is merely 4 days and travelling from here and reaching by road takes 4 days as flights are too costly so if my Lawyer represents the case will he be presented a new notice asking more money? 
Secondly If my parents go and attend the hearing as I cant reach will that do and can they reject the new maintenance amount and if yes what's the process ?
In case I go and can i reject the maintenance as i cant pay the extra new added maintenance amount so what are my rights here?
Asked 3 years ago in Family Law
Religion: Hindu

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9 Answers

In the Domestic Violence Act, 2005 case on the date of first hearing you request the court through your lawyer and parents for next date for appearing taking sufficient time. There is no need to rush to Court. you can present you case through lawyer stating that you are paying maintenance to her and the Domestic Violence Act, 2005 case is bogus. You can get the Domestic Violence Act, 2005 case dismissed.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

1) you can engage lawyer to appear on your behalf 

 

2) your personal presence is not mandatory 

 

3) you can execute POA in favour of parents 

 

4) obtain copy of complaint filed and file detailed reply denying allegations made in application 

 

 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

If she has demanded maintenance  amount once again in the DV case, you may file a counter objecting to her claim stating that you are already paying an amount through the divorce case pending petition.

You first of all receive the summons and then decide about further course of legal action to defend your interests properly through the assistance of your lawyer.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

File a petition in the high  court against her for illegally detaining your child. File a domestic violence case against her through your mother. Maintenance cannot be granted in both cases. It has to be offset. You parents may represent you as they have also been made a party.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Dear sir,

 

Your absence will not lead to a new notice demanding more money. You can make POA in favor of your parents and they can be there on your behalf. Also, as you are already paying a huge amount of maintenance so you can contest against the notice in the court. You may also file a counter objection to this. 

The maintenance is not to be paid twice. It is only supposed to be paid once and the court will decide the total amount considering all factors. As long as you can prove that the case of DV is bogus, you need not worry. Thank you.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You should have opted for out of court settlement. Mounting cases consumes your time, energy and money. Your advocate can undertake to file vakalath. Request the court to refer the matter to mediation and settle once for all.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Dear Querist

When you are not in the position to appear before the court then your counsel or your parents may appear before the Concerned court and informed the same about your non-appearance.

 

Once an interim maintenance order has been already granted then there is no question for another order of maintenance, for example, if DV Court passed an order then that order shall be merge in the previous order and you have to pay the maintenance amount only for one order whichever will be higher.

 

Feel Free to Call

 

 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You may have to present your case strongly based on proper evidence in order to convince the court of your current financial status, and plead for discontinuance of the interim maintenance being paid by you now.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

- If the said maintenance was passed without hearing from your side, then you can file an appeal against that order of the family court before the High court. 

- Further, under DV act , she cannot claim additional maintenance from you , if the amount already fixed in maintenance case , 

- Further, you can move an application before the court , after mentioning that you have burden of your parents maintenance and emi as well, and hence you are unable to pay hefty amount demanded by wife. 

- Further , if you will not appear personally or through an advocate , then court is bond to pass ex-parte order against you after accepting her compliant . 

- Further , if you are unable to appear , then instruct to your father to take next date for filing reply of that compliant . 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

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