Dear lawyers,
My wife has filed a domestic violence case against me, parents and sisters after a lapse of 17 months of moving out from matrimonial home by invoking different jurisdiction at a distance of 250 kms from my residence in a hill track without DIR and also not produced any evidence in support of her allegations. However i have denied all the allegations based on evidences,facts and their contradictory statements.
The Court while determining whether she is an aggreived person, came to a conclusion that all acts of domestic violence when she was in matrimonial home is baseless and discharged my parents and sisters from the case. However the court ordered a maintenance amount of 14,000 pm against me from the date of filing of petition which amounts to 3 lakh. This court observed based on my statement in Cross examination that i didn't provide any maintenance to her and failed to visit her after she left matrimonial home which amounts to mental cruelty to her and hence ordered maintenance.
Infact she left my home during her 7th month of pregnancy by conducting bangle wearing ceremony happily. I have submitted photos to court. After that, she left to her another residence in a remote village where i never visited without my consent and stayed against my will. So only i didnt visited her. However the court didn't consider this fact and stating that it was mental cruelty for her.
Sir please let me know will it amount to domestic violence when no act of domestic violence happened in my home? Wherther the amount of 14,000 pm againt my salary of 42,000 is justifiable? please let us know your kind advice so that i can prefer for appeal.
Regards
Ibrahim
