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.
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
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.
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.
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.
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.
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.
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.
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
- 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.
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
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.
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.
If court awards interim maintenance, do they also consider husband's assets in EPF/PPF/NPS for the same? Or are these legally protected assets outside of interim maintenance decision purview?
Court considers your net income after taxes ,your investments in fixed deposits,shares etc
your PPF /NPS is not considered
The court will order maintenance based upon the income assets and liabilities which include all the investments provided your wife knows about it.
The interim maintenance amount would be decided based on the information about your salary income and not on the other assets.
For granting interim maintenance, all financial aspects of the husband will be looked into. there is nothing outside the purview.
- 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.
Dear Client,
your husband assets in EPF/ PPF? NPS will be considered for interim maintenance.
Thank you
Yes they are legally protected. But you need to pay maintenance. You can't about it stating legal protection
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.