Legal Question in Family Law in India

Dear Kamal Groverji, sudershan goelji and Rajiv guptaji,

I thank you for your immediate response to my query (Secret Access Key: oG5gLOziN3). In continuation to my earlier query, as desired by you, I am attaching the copy of the complainants appeal and my appeal to the sessions court. The contents of the same will explain the whole case. I am not able to scan the copy of the complaint. However, the complainants appeal covers the complaint.

Sequence is as follows:

1. DV complaint -

2. my objections to the complaint.

3. my appeal to high court to quash it -

4. comlainant then manages to get an order from magistrate court in relation to her 4. complaint passing orders for maintenance of Rs.8000/-p.m without any trial -

5. Based on above, High court directs me to sessions court for an appeal.

6. I get a stay from sessions court and appeal for setting aside the complaint.

7. complainant appeals for higher maintenance on the basis of lower court order (3 above).

Case is posted for arguments on 21.8.09.

I have attached copies of 1, 2, 6 and 7 above. Mainly worried because for seeking custody, I have no proof to prove that I have visited the child and tried to befriend the child as they have not allowed me; I have not given any police complaint or informed the court about the complainant not allowing me visitation rights as it would affect the child; she has taken substantial money from me on various occasions for which I have no proof; she has committed bigamy and has filed a false complaint.

Please advise me how to put forth the arguments for setting aside the false DV complaint and get custody of the child without paying interim maintenance or regular maintenance. I want to look after the child on my own. Child is now >6 years old.

For your immediate reference, my earlier query was as follows:

The woman to whom I was married in good faith and not knowing that she was married earlier, took divorce by mutual consent from her first husband (in Dec 2002) 6 months after her marriage with me. I came to know of this in the hospital when a child was born after one year (in Dec.2003). Because I enquired about this, she has not come back to my house on the advise of her parents and I was forced to file a case for nullity of marriage. After a full dressed trial, the family court decreed the marriage as null and void giving child visiting rights to the father (in Feb 2007). I have paid interim maintenance during the family court proceedings of Rs.4000/- p.m till the date of judgement. Humanitarian considerations and financial constraints prevented me from filing a cheating and bigamy case against her.

She is keeping the child with her and not allowing me to even see it since birth. Whenever I ask for visiting the child, they use abusive language and ill treat me and say that the child cannot be seen. As the child will be affected if I take any action, and in good faith that the child should not be separated from mother, I have not made further attempts to see the child nor taken any legal or police action to enforce the visiting rights.

Thereafter in order to harass me and extract money, she filed a false case during july 2007 misusing the newly enacted Domestic Violence act, 2007 which came into force from Oct.2006, through the local women�s commission, making false allegations and claiming exhorbitant maintenance for her and the child invoking all the sections in the act- economic abuse, right to shared accommodation, etc eventhough we have not co-habited since 2003. The magistrate court without any trial simply awarded maintenance of Rs.8000/- p.m and thereafter I had to go to the high court which then directed me to refer to the sessions court. The case is now being heard in the sessions court where I have prayed for setting aside the false case filed by her. Then I was employed as Bank officer and last year I have taken VRS and am now jobless, living with my pension. I have not informed the court about not being in the job. Neither does she know about it. The DV act is biased and there is no law to protect men from the atrocities women commit on men and therefore, I am totally shattered. Please advise me how the sessions court is likely to view the case. Whether I should file a case for custody of the child (now 6 years). But I feel then I may be asked to pay interim maintenance for the child and since I have not seen the child or befriended the child by visiting it, the custody may not be given to me though the father is the natural guardian. Pl. offer your valuable advise.

Thanks & Regards,

Rajashekar.

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