Should I "Not Press" Sec 13

Welcome Forums Advice 498A Should I "Not Press" Sec 13


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    • #667

      Living separately (matrimonial home) from 20-05-2009. She left from rental house on 29-05-2009. I went to court u/s 9 on 19-9-2009. F.I.R. lodged by her father on 06-02-2010. Court has given three dates (Sec 9) but she didn’t appear. She filed DV and 125 in April 2010. She appeared (Sec 9) on 04-08-2010. I converted it into sec 13 on 04-05-2011. She claim maintenance u/s 24 on 24-07-2012. Copy received on 15-04-2013. Next date is 22-05-2013.

      She claim Rs. 25000 for case, Rs. 200 for every date and Rs. 10000 per month.

      She showed that her husband is BSc. He earns through typing work in his home and also teaching tuition and earns Rs. 30000. He has a house and given in rent and earn Rs. 5000. So his total income is Rs. 35000. (Same in 125 also, no maintenance fixed till date. In DV Rs. 2000 fixed. Rs. 2000 given seven month. DV dismiss, not appearing for evidence. She appeal in Session Court. Appeal allowed for hearing.)

      Now what I have to do?

      1. Should I “not press” the sec 13? Is it possible according to law?

      2. Can I also claim maintenance u/s 24 from wife?

      She has no evidence whatever she has written in her petition about my earnings and qualification.

      I am only High School pass and she is graduate. In present time I am not earning.

      If I show that I am working as peon and my salary is Rs. 2000. Will it helpful for me?

      Light my way.

    • #3582

      You can deny all her claims, and show only on record earnings.

      if she is earning more you can fight not to give maintenance or claim maintenance from her, you you win DV.

      if she has given false information(BSC) about you, then you can counter or sue her for that.

      we have collected many judgments on mainteance here check one by one, you may find suitable one and use it in your case to counter it.

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