My Divorce case has been in progress for the past five years. I filed for Divorce under cruelty in 2018. In retaliation, my spouse filed a false DV case against my parents and me. She also filed a request for interim maintenance, and the court awarded Interim maintenance for Rs.30,000 last year, but I have not paid the amount yet. I was waiting for the DV case to end, and recently the DV case order was issued as follows: My parents and I were asked to pay Rs10,0000 as a penalty ( although it was a false case with cooked-up fake evidence) and Monthly maintenance of Rs.35,000. I owe arrears in the DV case and interim maintenance case. I have two questions, and I need some clarity and legal advice: 1. I am aggrieved and would like to appeal against the DV court order. There was no DV at all, but the fact that I did not pay interim maintenance turned against me. 2. What are my options to appeal this erroneous decision?- Can I appeal the DV case decision? If yes, should I pay the penalty and the arrears before I file an appeal, or can I appeal without paying the penalty and the arrears awarded by the lower court order? What are the consequences of going forward with an appeal without paying the penalty and arrears? Is there a threat of my elderly parent's arrest? Please note I own a joint property with my spouse in the US. She was a housewife and did not earn. I bought our house in our name, as any decent man would. I have requested her multiple times to transfer my US property in my name, so I can sell it and pay off the arrears, but she refuses, and Indian courts do not have jurisdiction against my US property. She is living in India with my son in her parent's house. They are wealthy and can take care of her. She also does not allow my son to talk to me, although I have a court order allowing me to speak to him weekly. In reality, my elderly parents and I were the victims because of my cruel spouse and the false DV case( false allegations). I want to fight the DV order and appeal the verdict. Please advise. Thanks for your help!!
You can file appeal against DV other before sessions court
2) you will have to pay the arrears of maintenance
3) seek stay of penalty imposed
4) you can file declaratory suit that you are absolute owner of property as full consideration was paid by you
1. Appeal. —There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.
2. You can prefer an appeal agaisnt the judgment that you consider as erroneous and can express all your grievances in the grounds for appeal agaisnt the impugned orders.
If the appellate court is passing any order to deposit an mount as an interim arrangement in order to the appeal on its files, you may have to obey the orders.
you have the right to appeal the DV court order if you believe it is erroneous. You can file an appeal in the higher court against the lower court order and present your case. You can also request the court to stay the execution of the lower court order until the appeal is heard and decided. However, it is important to note that the court may not grant a stay of execution if you have not paid the penalty and arrears awarded by the lower court order. Therefore, it is advisable to pay the penalty and arrears before filing an appeal.
Hello,
You can file a appeal without paying arrears. You can demonstrate the illegality of the order
I'm sorry to hear about your situation. Here are some answers and legal advice regarding your questions:
Yes, you can appeal against the DV court order. To do so, you will need to file an appeal with the higher court within the time frame provided by law. However, it's important to note that you cannot appeal the decision of the lower court based solely on the fact that you did not pay interim maintenance. You will need to provide grounds for appeal, such as errors in the lower court's judgment, incorrect application of law, or violation of your rights. It's advisable to consult with a lawyer to help you identify the appropriate grounds for appeal.
Whether you should pay the penalty and arrears before filing an appeal depends on the circumstances of your case. If you don't pay, the opposing party can ask the court to take action against you, such as issuing a warrant for your arrest or seizing your property. However, if you believe the penalty and arrears were wrongly awarded, you may choose to file an appeal without paying them. In this case, you can ask the higher court to stay the execution of the lower court's order until the appeal is decided.
It's important to note that Indian courts have jurisdiction over property owned by Indian citizens, including joint property owned by Indian citizens and non-citizens. If your spouse refuses to transfer the US property, you can ask the court to take action against her for not complying with the court order. However, it's advisable to consult with a lawyer who specializes in international law to help you navigate this issue.
Regarding your elderly parents, if the court has ordered them to pay the penalty and arrears, they will need to comply with the order. Failure to do so can result in legal action against them, such as issuing a warrant for their arrest or seizing their property. It's advisable to consult with a lawyer to help you identify the appropriate steps to take to protect your parents.
In conclusion, it's advisable to consult with a lawyer who specializes in family law to help you navigate the legal process and protect your rights. They can help you identify the appropriate grounds for appeal, assess the risks of not paying the penalty and arrears, and take steps to protect your property and elderly parents.
