Legal Question in Family Law in India

Dear Sir/Madam,

I have been fighting a family court and criminal court case filed by girls side and inlaws. The girl is money minded and basically, first filed a divorce case after only marriage worked out for less than 1 month. Due to the wrong judgement the maintaienance of 40,000 Rs was sactioned. We challenged in High Court and judgement was Family court was right. Now we are thinking to go to Supreme Court for getting order quashed. Also, the girls side has filed DV Act against me and my parents.We have filed a case to quash this order in High Court. The girl has not lived with us since Jun 2007 and I got married in May 2007. So I beleieve something is wrong in systems as to why she was allowed to file the DV act case when I am out of country since last 3 years and the girl dosent live with my parents. Also when High Court told for mediation the girls side demanded 35 lakhs of Rs with a clear motive to extort money.

Now my father who is above 60 and my mother have to run from Delhi to Maharashtra for every date in court.

Please suggest me a case or solution to this problem.

Please, note we have got the shopkeepers verified the fake bills produced by girls side in family court. Shopkeepers have written that they have not given these bills and are fake. We have filed a case of forgery and also filed a case of defamation as the girl rings my office people, place where my parents live in and to my relatives that we have taken ornaments and not willing to give back.

I would like to have a helpful suggestion here.


Asked on 10/07/10, 2:25 pm

3 Answers from Attorneys
Vishwa Arya Arya & Co.

Dear Gentleman:

My first suggestion is to apply for exemption for your both parents from appearance in the court in criminal matter. Both should get exemption because of their age and inconvenience due to distance from residence. Both, if party, need not appear in DV case.

Technically, DV Act, comes into play only when woman has stayed in the shared house for six(6) months or more. So, if from wife application it is apparent that she has lived with you only for a month, then DV act case could be quashed.

On maintainance, it is very difficult to opine in absence of the two judgments of the trial court and the High Court.

since they have come up with false documents and played fraud upon the court, have patience and do not succumb to their pressure tactic to extort money by exploiting the otherwise pious relationship of H & W.

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Answered on 10/07/10, 9:25 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

before you approach the supreme court, i would like to go through the order of high court so to suggest you whether the chances of you gaining a favourable order from SC are there or not.

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Answered on 10/08/10, 5:03 am
Devansh Bhardwaj Devansh Bhardwaj

Before you approach S.C. Ill suggest you to show the papers and have a talk in brief, so that exact advise can be rendered to you.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 10/09/10, 8:44 am


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