• 498a & DV after divorce petition by husband

I filed divorce petition on after 2 years of desertion by my wife. After receipt of notice, she filed DV & Dowry cases in Women cell and court. She has accepted in her petition that there has been 2 years of separation, but has given DV/Dowry as her justifications, and alleged that she was ousted from her matrimonial home.

I now have a hearing at women cell, and court. plz suggest way forward, so as to avoid interim maintenance.
Asked 1 month ago in Family Law from Delhi, Delhi
Religion: Hindu
take the following defense:

The same has been filed as a result of afterthought and therefore is not maintainable.
Also, take the defense that the cases has been filed as an outburst to the divorce petition.
No maintenance shall be given to the wife who has deserted the husband.
Contact a local lawyer.

Regards 
Anilesh Tewari
Advocate, New Delhi
4764 Answers
62 Consultations

5.0 on 5.0

Complaint under DV Act and the FIR under dowry prohibition act and 498a are a counterblast, inasmuch as you were the first one to take recourse to court and file a divorce. Apprise the women cell of this. Inform them that this is an offshoot of the divorce initiated by you. 

Also, give them your defences in response to the allegations levelled upon you by your wife. 

If she is capable to support herself, you are not liable to maintain her. 
Vibhanshu Srivastava
Advocate, Bangalore
3022 Answers
17 Consultations

4.9 on 5.0

Re: Feedback: You may contact me if any further advise is required.

Thanks and Regards 
Anilesh Tewari
Advocate, New Delhi
4764 Answers
62 Consultations

5.0 on 5.0

Respected sir ...
Here she Cain not claim for interim maintenance because police officer do not have power to grant that interim maintenance...And show your income less as much you can that will help through out the case ...The will try to mideate the case nothing else ... Advice plz Don't sign any documents in police station that will effect your case ...
Thanku
Dinesh Sharawat
Advocate, Dawrka
312 Answers

5.0 on 5.0

1) if wife is not working she would get interim maintenance

2) if she is working and there is not substantial differences in your income wife would not get maintenance 

3) maintenance is at discretion of court depends upon husband income , wife income , standard of living 
Ajay Sethi
Advocate, Mumbai
38846 Answers
2179 Consultations

5.0 on 5.0

Dear User,

In reply to your post, going by the contents of your post, your wife had filed the said cases as a counter blast to the Divorce case filed by you.

First of all you need to get Bail / Station Bail in 498-A case.  Get the copy of FIR and Charge Sheet (if filed by Police in said case).   Go for quash.

As far as DV case is concerned, it is their right.  The issue of interim maintenance contest this case as if your life revolves around this case.  Go all out in collating relevant documents / information in support of your averments.  

Leave no option un-checked.  As you mentioned that she filed DV case after two years contest her allegations and try to defeat them ASAP.

Politely refuse to attend Women Cell as the issues are sub judice before appropriate court.  If they insist for your present ask them to give in writing for your presence.

Be careful. 
S Srinivasa Prasad
Advocate, Hyderabad
128 Answers

5.0 on 5.0

Move an application for early disposal before the Family Court, requesting it to decide the case on its merits, expeditiously. 
Vibhanshu Srivastava
Advocate, Bangalore
3022 Answers
17 Consultations

4.9 on 5.0

you have to pay  her maintenance till her remarriage 

2) you should take the plea that wife is highly qualified ,  working not entitled to maintenance 
Ajay Sethi
Advocate, Mumbai
38846 Answers
2179 Consultations

5.0 on 5.0

Hi
She accepted accepted 2 yrs separation in petition which is a bit of your favour,.
Have some evidences in your favour and attend the women cell hearing very boldly.
Prove that she is capable of maintaining herself , so that you will not have to pay anything.
Thank You
Rahul Jatain
Advocate, New Delhi
433 Answers

5.0 on 5.0

To avoid interim maintenance you need to prove that the girl is well educated and well earning lady. On the other hand, you can have discussion with her for the full and final alimony amount, not for monthly.
Laksheyender Kumar
Advocate, Delhi
329 Answers

4.8 on 5.0

1. Appear before women cell and deny the allegations made against you.

2. If the FIR gets lodged then apply for anticipatory bail and then contest the case on merits.

3. To avoid interim maintenance you  have to prove that she is either earning on her own or has left the matrimonial home without being subjected to an act of domestic violence.
Ashish Davessar
Advocate, Jaipur
21828 Answers
595 Consultations

5.0 on 5.0

You cannot avoid interim maintenance, since the court will consider the fact that you are married to her and she is unemployed and unable to sustain herself.
You may put forth your justifications for denial sop that the quantum can be reduced.
For dowry case, you can first obtain AB and then challenge her false case in the trial court 
The desertion should be proved by you  by challenging her claim that she was driven out of the matrimonial home and narrate the circumstances by which she voluntarily abandoned the matrimonial home.
T Kalaiselvan
Advocate, Vellore
28856 Answers
300 Consultations

5.0 on 5.0

The defence has been told to you previously.
Also in your reply write the jurisprudence of interim maintainance.
Write the judgement of Delhi High Court which says that no maintainance be given to capable wife.
You have a steong case, make a good defence and fight the case.

Regards 
Anilesh Tewari
Advocate, New Delhi
4764 Answers
62 Consultations

5.0 on 5.0

1) gather evidence of wife employment 

2) engage a detective agency 

3) make separate application in DV case calling upon wife to produce her income tax returns for last 3 years , her bank statements 
Ajay Sethi
Advocate, Mumbai
38846 Answers
2179 Consultations

5.0 on 5.0

Focus on the point that you are open to re-unite with her and that you will take back the divorce filed by you

Demonstrate that on this basis, it was amply clear that you were open to maintain and support her, whilst she re-unites with you. Build your other points around this main argument.  
Vibhanshu Srivastava
Advocate, Bangalore
3022 Answers
17 Consultations

4.9 on 5.0

If you do not want to give her maintenance  amount  then you have to strongly rebut her charges and deny the allegations on the basis of evidences and merits in your side.
Generally the courts will grant interim maintenance based on the proof of marriage, the permanent alimony may be contested.
If she is claiming an exorbitant amount as alimony or one time settlement, you may refuse based on your background and also her economic status, for which you have to provide proof before court.
T Kalaiselvan
Advocate, Vellore
28856 Answers
300 Consultations

5.0 on 5.0

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