Legal Question in Family Law in India

my wife has been separate from me for last 9 months. can she file a DVA complaint when there was no violence of any kind involved? does it make sense? she has been threatening with 498A. she has taken everyting and claims to have taken nothing. can the witness' testimony that she has left the house with a lot of luggage have any bearing on the allegations she has made in her application for maintenance to assert she was forced to leave the house and has left it empty handed? she is using our 4 yr old daughter as a pawn and is terribly harassaing our family emotionally. what could be the way out? RCR is the option we considered, but her transferring the case to her jursidiction etc and the additional court matter would only add to my already horrible burden as i am in a job in pvt co.

what could be done under such circumstances? her demand for maintenance has disrupted all my fiscal plans. should i continue to make investments or will it reflect the proof of my salary being more etc? please advise at the earliest.


Asked on 9/08/10, 10:13 pm

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

unless you earn, how would u pay the maintenance for your wife and daughter. let some time pass and see what sort of action does she take and accordingly build your defence. in case she has taken everything along, it may be proved in evidence.

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Answered on 9/08/10, 11:47 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

She may not be able to successfully level allegations of cruelty etc. the testimony of witnesses about her having taken away her luggage will help you in a limited way; she may be still be entitled to recover her istridhan. She may be entitled for maintenance for herself and the child; therefore, you should making payment of a decent amount immediately without waiting for court order. You may keep your fiscal plans on hold for the time being; and try to settle the matter amicably. Since you have a small child, litigation should be avoided as far as possible.

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Answered on 9/09/10, 8:07 am
Devansh Bhardwaj Devansh Bhardwaj

Yes shae can. But as per your version it will be difficult for her to prove DVA Case. FOR RCR it is you who has to decide.

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

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 9/09/10, 9:48 am


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