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Partial Success ( Interim maintence in DV rejected) 
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Joined: Sun Nov 27, 2011 6:44 am
Posts: 124
Partial success in my DV case.


1.She left the home on 12th June 2011 after a meeting between my parents and inlaws..She had written letters on 21st april, 26th April, 10th May and 4th June to her parents that me and my parents are harnessing her... After that i have written her mail on 26th June to requesting her to come back....
2.Then my mom given a complaint in police station that her parents are giving threats on 10th July 2011
3. She has given NC in police station on 18th July 2011.
4. I have made application in CAW cell on 18th August 2011.
5. CAW cell forwarded report to local police station that "I am ready to take her back on conditions but she has rejected it" on 6th Sept 2011.
6. She tried to enter our "shared household" forcefully with 4-5 relatives of her when no one was at home; only my mother was at home....my mother didn't opened the door, they has given threats like police are waiting, press is also come so better take her back. ( in the DIR report she has stated my mom used false language and never open the door.) 18th Sept 2011
7. Again she has done NC in nearest police station that we are not taking her back. 18th Sept 2011.
8. My mom given a complaint to nearest police station about the threats and harassment. 19th Sept 2011.
9. FIR has been launched on me,my mother,brother and sister in law on 29th Sept 2011.(IPC 498a, 312, 323, 506,34 )
10. I have been arrested on 2nd OCT 2011.

11. I been granted a bail on 20000/- Surety on 3rd OCT 2011.
11. My mom arrested on 5th OCT 2011 and bail same day.
12. MY brother and sister in law arrested on 15th OCT bail on same day.
13. She called me and congratulated me for my new venture in business on 5th Nov 2011.
14. DV case has been launched on 13th Dec 2011.Sec 17,19,22,23
15. I have received summons from the court on 25th Jan 2012 to be present on 3rd Mar 2012.
her demands
a.1 Lakh rs for food,shelter, daily expense per month
b.2 Lakh rs for maintenance per month for ignoring her.
c.10000/- per month medical expense.
d.50000/- Rs per month for some other reasons.
e.50000/- For her expense after pregnancy and abortion.
f. RTR on our shared household or similar rent or similar home as our standards.
g.Rs 30 Lakh one time maintenance.

16. 14 dates of DV has been passed in between.
17. 1st July 2014 wife moved writ petition in Mumbai Highcourt for Expediting matter and transferring matter to URan lower courts.
18. 24th July 2014 High court rejected transfer petition and directed Borivali lower court to finish the DV case with 9 months.
19. 16th Aug 2014 Borivali lower court rejected Interim Maintenance and given 30th Aug 2014 date for Filing evidences on Affidavit.


Two bomb shell on my wife in two months.

1. July 2014 - High court rejected Transfer petition. Also ordered lower court to finish the matter within 9 months.

2. Aug 2014 - Lower court rejected interim maintenance in DV case .


Huge relief. Thank you to this forum for unconditional support

Will upload the order as soon as I get. Kindly seniors please guide further path.

1. NO divorce as of now in my case. All ego game. No one is approaching for settlement. How to approach for settlement?
2. Should I file for divorce?
3. I have connections in NGO which is appointed by Maharshtra govt. to solve Women problems. Which is located in various police stations in Maharashtra. They try to solve the problems amicably. Should I approach them?


Sat Aug 16, 2014 1:55 pm
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 603
1) are u interested in settlement? if so in what way? by paying 'X' amount? why do u want to pay?

this shows that u are in a hurry; if u exhibit this nature, the other party would try to take advantage. keep quiet and carry on with ur work.

2) since intt. maintenance in dv is rejected, push for completing the dv case. if it is proved that there is no domestic violence, none of the reliefs would be granted. the case stands closed in ur favour.

3)how about ur 498a case? do u not want to contest it? if u want to contest, put aside the settlement thought. if dv case goes in ur favour, it can be used in the 498a case.

4) i don't think it is advisable to go with the women NGOs. if u want to solve the problem, u can apporach the district legal services authority or LOK adalat. the women NGOs only fleece money from u.

5) why think of divorce now itself? don't want to finalise the 498a case?

from ur questions, it appears that u are not serious in giving a fitting reply to ur wife who has got u and all ur family members arrested and u seem to have soft corner for her. if so, then GOD only can save u.
u are lucky that the transfer petition is turned down and the intt. maint. is not given. concentrate on the main dv case and frustrate the claims for relief.

hope better sense prevails on u.


Mon Aug 25, 2014 9:47 pm
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Joined: Tue Jan 14, 2014 9:32 am
Posts: 258
Put some pressure on her with counter cases then you can think about cutting a deal. Do not try to force a negotiation from the point of disadvantage (498a is sill pending).

When you file divorce then there is a chance that you will be forced to fork out int maint as the provision is built into Hindu Marriage Act.


Tue Aug 26, 2014 8:42 am
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Joined: Sun Nov 27, 2011 6:44 am
Posts: 124
thank you @ ganeshrao,d1_d


Thu Aug 28, 2014 12:20 pm
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Joined: Sun Nov 27, 2011 6:44 am
Posts: 124
@ ganeshrao

I don't have soft corner to my wife; I don't have any feelings for her. Nor I am interested in teaching her a lesson. Who am I to teach a lesson to her..Her doings are giving her a lesson..court has given her fitting reply 2 times..

And You are right I will fight DV and it may help in 498A. But the biggest problem with 498a is that we get date once in 6 months for 498A. Total waste of Time.

My question is
1. If my wife doesn't appear infront of court henceforth for DV case what would be the consequences.


Thu Aug 28, 2014 12:27 pm
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Joined: Tue Jan 14, 2014 9:32 am
Posts: 258
Submit written petition of dismissal every time she is absent.


Thu Aug 28, 2014 6:04 pm
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Joined: Sun Nov 27, 2011 6:44 am
Posts: 124
6th Sept 2014 was evidence submission date for my wife....She has pulled out a ACE card. She has submitted 5 voice recordings in which

1. 1st Recording in which " I have admitted having affair and wanted to marry that girl so requesting my wife to give me divorce"

2. 2nd recording about " Meeting of her brother,me, my wife, my mother and my brother"

3. 3rd recording about verbal abuse in heated conversation

4. 4th recording about verbal abuse in heated conversation

My case has 3 points

1. Her claim is that I have demanded dowry ( I have documented proof about no dowry demand. this point was also considered in interim orders)

2. Her claim is that I have forced her for abortion ( Documented proofs are with me that it was mutual decision to abort also one of the voice recording shows that it was a mutual decision)

3. Her claim is that I have a extra marital affair for which I am demanding divorce ( All voice evidences are against me)

Seniors kindly guide me.


Tue Sep 09, 2014 3:25 pm
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Joined: Sun Nov 27, 2011 6:44 am
Posts: 124
Ty will also send u the dv reply.


Tue Sep 09, 2014 6:18 pm
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Joined: Fri Jun 27, 2014 2:52 pm
Posts: 39
Hi aditya1984,

Can u please put some details about, on what grounds maintenance is denied to your wife in DV case?


Wed Sep 10, 2014 10:12 am
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Joined: Sun Nov 27, 2011 6:44 am
Posts: 124
It is denied on the grounds of " wife has approached a court" with unclean hands. She has claimed tht she is a housewife despite she was working in a college. Also. Has made allegations on us about dowry but documentry proofs are against her. Because my mother use to pay her lic premium. Why would anyone pay lic premium if tht person demands dowry. Also she has made allegations on us for forcing us for abortion but doctor has given statement to the police tht doctor didn't find from her body language tht it was a forced abortion.


Thu Sep 11, 2014 2:46 am
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Joined: Fri Jun 27, 2014 2:52 pm
Posts: 39
Hi aditya1984,

Mine was just a matter of 2.5 months. She left my home within 2.5 months. I took her to Malaysia for honeymoon and I spent around 1.5 lac on it. Ans she mentioned her statement that I asked for 2 lac as dowry. Should I mention that I have spent such a huge amount on Honeymoon then why would I ask for dowry?


Thu Sep 11, 2014 10:12 am
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Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
This point wont help u much coz law says that DOWRY HUNGER MAY ARISE ANYTIME AFTER MARRAIGE


Thu Sep 11, 2014 12:54 pm
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Joined: Sun Nov 27, 2011 6:44 am
Posts: 124
In my interim order judge has clearly specified the From the documents given by respondents on record shows treatment given by the respondents to the applicants. Also mentioned that applicant conveniently hided the information. So it at this stage It appears tht applicant has approached the court with unclean hands. We have submitted honeymoon receipts, photos etc


Fri Sep 12, 2014 4:26 am
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Joined: Sun Nov 27, 2011 6:44 am
Posts: 124
2 more voice recordings have been given to the court by my wife. But 2nd one is tampered. What can I do about it?

My next date is on 4th of Oct 2014. On that day we are going to cross examine my wife.


Tue Sep 23, 2014 11:45 am
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Joined: Sun Nov 27, 2011 6:44 am
Posts: 124
what is CC?

Yes will send WS..Not finding time


Tue Sep 23, 2014 3:36 pm
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Joined: Fri Jun 27, 2014 2:52 pm
Posts: 39
Hi aditya1984,

Please send WS to me also. As I am having DV date on 29th Sept 2014 and I have to give WS on that day.

Thanks,
aj5


Wed Sep 24, 2014 9:59 am
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Joined: Tue Jan 14, 2014 9:32 am
Posts: 258
Bhai,

In my view you can claim that all the recordings are either tempered or the voice is not yours. There is no voice signature system in this world which can positively identify an individual. If the crt decide to analyse the voice samples- The anlyst will only confirm that there is 60 or 70 percent match. It does not hold in the crt of law.

But be careful, if you have revealed details that you alone are only privy with then it is difficult to ignore the recordings.


Mon Oct 20, 2014 9:12 am
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Joined: Sun Nov 27, 2011 6:44 am
Posts: 124
Dear All,


Please guide...Finally case is in settlement process. We are agreed on X amount. But she and her family is " Mother fuker" She is asking 100% amount before hand.

Experts kindly throw some light on settlement process. Divorce is not filled yet.


Thu Mar 10, 2016 6:34 am
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Joined: Sun Apr 13, 2014 6:30 am
Posts: 139
Brother Aditya,

Once you have decided to compromise the matter then better to prepare for the proceedings.

1) Do not pay anything in advance. (If they force you to pay, then request them to file an affidavit in the court saying that she has filed the 498a case to harass you and your family.)
2) Let them withdraw/quash their cases.
3) In general MCD takes 6months (Some cases High court gives exemption on request). Until unless you get divorce don't pay. (Don’t trust such woman on this matter. Once they get money, they may change their promise)
4) If still they are not willing, then find a third person acceptable for both parties and hand over the agreed things to him. Third party should not exchange things till you receive complete result.


Thu Mar 10, 2016 9:40 am
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Joined: Sun Nov 27, 2011 6:44 am
Posts: 124
Does Bank play any role of Third Party???


Fri Mar 11, 2016 7:51 am
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Joined: Sun Apr 13, 2014 6:30 am
Posts: 139
i meant, an individual as a third person who can act as trusted mediator


Sat Mar 19, 2016 8:31 am
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