• Safeguards against wrongful DV case

My wife (currently living separately in a different city for last 1.5 years) has filed a DV case in addition to 498A complaint filed in police (FIR not done yet for 498A). We also have a 3.5 year old son.

The DV notice specifies lot of vague and false cruelty allegations and asks for a big financial damages for lost opportunities, monthly expense for herself/kid, etc. Are there financial risks like court ordered interim maintenance that I may have to pay while the court case is on or anything else like that? How can I protect myself from such financial risks. Can this DV case be quashed on some ground? Any other offensive strategy I can adopt?

My wife is a semi-government employee and earns a good salary herself. My salary is currently ~2x her salary and I work in a private job. And in addition, I have been transferring a monthly fixed amount in her bank account for a long time now.
Asked 2 months ago in Family Law
Religion: Other

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19 Answers

Court will direct you to pay interim maintenance for your wife and child 

 

2) quashing is to be done only in exceptional circumstances 

 

3) take the plea that wife is highly qualified and working and not entitled to any maintenance 

 

4) if there is substantial differences in your incomes court will award her some maintenance 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

As the wife is earning she is not entitled to maintenance. An income affidavit has to be filed in the court before the court passes orders. Attend the dv hearings. File a domestic violence case against her through your mother and sister immediately. This has to be done as part of the strategy. Stop paying maintenance. 

Rahul Mishra
Advocate, Lucknow
13220 Answers
48 Consultations

5.0 on 5.0

There is no preventive vaccine against any criminal case. You need to fight the case on merit. There is every possibility the Court may order interim financial relief in domestic violence case filed under Domestic Violence Act, 2005.

Ravi Shinde
Advocate, Hyderabad
1590 Answers
19 Consultations

5.0 on 5.0

The burden is on your wife to prove the allegations legally by means of proper evidence. As long as you have not done anything wrong, you need not worry unduly. The court will not award any interim damages if there is no merit in the case. You can mention the facts of your wife's financial status and your building up a deposit in her name, whenever the need arises in the hearing of the case.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

Dear Sir,

As per Section 191 of Indian Penal code, a husband can file a  FIR against wife if according to him the accusations are false and the evidence provided are also false. Further, you can also file a case under 482 of C.r.P.C. directly in high court for quashing FIR. 

Interim or Final order for payment of maintenance will depend upon the situation of wife whether she is able to maintain herself and child from the money she earn or she need money for some other expenses related to herself or child.

Thank You.

 

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

The court will not grant interim orders on the compensation amount she has claimed, that is a matter of trial and the burden lies on her to prove the loss and suitable compensation for the damages.

If you would like to file a quash petition, you ma have to gather proper and substantial documentary evidences to challenge her DV case and can file the quash petition on the documents you may rely upon.

You do not have to voluntarily transfer any amount to her account for whatever the reason would be, you may have to do it only on an order by the court and not before that   hence in the absence of any court order, you may stop sending any money to her account.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

1. Interim maintenance is a component of DV case.

2. The only way you can protect yourself from these 'risks' is by contesting the case.

3. Unless the DV case is perused no opinion can be formulated on the prospects of quashing.

4. Since she is a govt employee earning a good salary you can contest her claim on merits and repel it.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

You can challenge the maintenance in DV appeal on her private job grounds. Need to check your entire DV petition for quashing chances. But you can quash if you have merits

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

- If her earning is not sufficient for her maintenance then she is entitled to get maintenance amount from you , and she can also claim residential right from you under the DV case filed by her .

- Since she is working in a semi govt. organization chances that she earns more than you , then she is not entitled to get any maintenance from you. 

- If the court granted interim maintenance to her then you can approach the higher court against the order of court. 

- Further , as you used to transfer some amount in her account then you can produce the proof of payment before the court. 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

Dear Sir,

You have to challenge DV case on the ground that it is barred by limitation as it was filed after one year of separation.

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Case under Section 498a IPC Dowry Case – Defence how to take ….Frequently Asked Questions 


  1. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a? 
    A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm

    Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?
    A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation. 

    Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a? 
    A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation. 

    Q. My parents never stayed with us. Can she still file 498a against them?
    A. Yes.

    Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do? 
    A. Safeguard yourself, your parents and your relatives.
    1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
    2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
    3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
    4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
    5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
    6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
    7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction. 

More FAQ’s on request.

Q. I think that I should go for divorce instead. Is it a good idea?
A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609 

Q. I'm very worried about my parents. What should I do to protect them?
A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail. 
Show up a smiling face to them. Your happy face will provide them the strength. 

Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do? 
A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor. 
If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6017 Answers
331 Consultations

4.8 on 5.0

You would have to fight the case and defend the suit. The DV can not be quashed as it is, and the facts / allegations / claims need to be proven in Court by either party.

Yes, the Court may pass orders for interim maintenance and the amount of maintenance is at the discretion of the Court, based on facts and circumstances of the case.

Indu Verma
Advocate, Chandigarh
38 Answers
4 Consultations

5.0 on 5.0

Court considers your net income after taxes ,your investments in fixed deposits,shares etc 

 

your PPF /NPS is not considered 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

The court will order maintenance based upon the income assets and liabilities which include all the investments provided your wife knows about it.

Rahul Mishra
Advocate, Lucknow
13220 Answers
48 Consultations

5.0 on 5.0

The interim maintenance amount would be decided based on the information about your salary income and not on the other assets. 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

For granting interim maintenance, all financial aspects of the husband will be looked into. there is nothing outside the purview.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

- You net monthly income will be considered for the fixation of the amount of maintenance , and EPF/PPF/NPS will not be considered for the same. 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

Dear Client, 

your husband assets in EPF/ PPF? NPS will be considered for interim maintenance.

Thank you

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

Yes they are legally protected. But you need to pay maintenance. You can't about it stating legal protection

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

As per the procedure, details of all assets are to be provided to the Court by both parties in the form of an affidavit in maintenance related cases. EPF / PPF / NOS are legally protected from court attachment only i.e. against a freezing order which means once an asset is attached, you cannot use it or sell it and this can deprive you of income support as you can’t liquidate these assets.

Indu Verma
Advocate, Chandigarh
38 Answers
4 Consultations

5.0 on 5.0

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