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SEEMA   14 February 2016

Interim maintainence distribution under dv act

1. I am a housewife aged about 45 yrs married since 23 Years with two child one aged  13 Years and other 21 years. My husband always maintained secrecy with me since beginning and never disclosed his income & keeps all the financial information a secret. He is in relation with some other woman, and has been spending lavishly on her. Only about 8 years remaining in his retirement from his service, I do not know what is his retirement planning for us or all his planning is for someone else. He is highly Paid Director in MNC having more than  3 Lacs salary PM + Incentives + perks.

2. My father assisted us initially in purchasing our own house in which almost half of the money was paid by my father but it was also selfishly got registered in his own name and I am not a co owner in it. Now, with his selfish motives he has also shifted me from the self owned house to a rented house with my children.   He is conspiring to sell the above flat and siphon off all the funds, because he is trying to search a job abroad and will shift abroad, leaving me and children with empty hands in India.

3. From past Two months he has already left home and Living at unknown place with his parents (as stated by him) and has not given us any amount for livelyhood.  He is not having any attachment with me or children and uses every relationship to his benefit. He is so calculative in his mind that he was planning a divorce from past 3 years (by creating false evidences by writing one sided mails, sms and secretly recording Voice after instigating / provoking me as advised by his relative lawyer) and  was planning  to leave me and the children  with minimum costs and has been implementing on it by siphoning off funds and transferring at unknown places.

There are many actual DV instances also, However, I want to know what is the relief that I can get to secure me and my children’s future. And what Interim Maintenance / Compensation I can get from my Husband keeping in mind that only 8 years are left in his retirement and I need heavy amount for education of my child for MBA abroad and for second child in near future. Someone told me that the maintenance will b paid and income be divided equally among all 4 family members and our present high standard of living will be maintained and ensured but I don’t have any case references.

Request you to pls share Judgement / case reference and citations for the same.

 



Learning

 3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     15 February 2016

Maintenance is decided as per what the current salary of a person is and not just on the basis of how many years are left to his retirement . You have been rightly advised that the standard of living as well as the status of both the parties is given due consideration by the court while awarding maintenance . Also remember this that the children shall be awarded maintenance for sure if the claim is filed before the court . The interim compensation awarded totally depends on a number of factors such as his current salary , the number of people he has to maintain , the educational qualifications of the spouse as well as the city in which the person is residing . There is no hard and fast rule to state that the maintenance shall be decided by dividend his salary equally amongst all members of the family . File a maintenance claim and ensure the safety of your children . As far as future requirements are concerned , you may enter into a settlement with him wherein he shall be bound to maintain them and take care of their educational qualifications in the future as well . Negotiate properly . 9999931153

SEEMA   15 February 2016

Mrs Renuka Chaudhari,

Seems you have not gone through the matter or you view all cases from your biased point of view only as you yourself have faced it and are not from Legal background. Neither i could put in all facts and case background in this fourum.  I could not raise voice as my kids were small and have done done enough pati seva till 23 years. My pati is fake person who is controlled by his mother and they are a self centered family expert in planning and plotting. As per your advice if i still continue to do pati sewa and wait for another 10 years to be kicked out at age of 55 when he is also retired with no income. Today he is only concerned for small child till he attains 18 yrs and his responsibility is over. As he has simply said for major child I dont have money for his education. I am educated women but they never allowed me to work but wants me to work now so that they are not to pay any maintainence. My father funded the house and he registered it in his own name shamelessly without even letting me know and did not even have me as co owner.

And now i have only two choices left to think about seperation now by myself or after 8-10 years by my husband. Now, when my husband has already left the house and living seperately not paying single penny so that i am always on his foot begging for bare expences to sustain us. My father is supporting me else would have not sustained. Your advice is welcomed for people like him, who is already having  Lawyers and consultants like you (after viewing your profile) to guide him in the best way to leave child and wife with minimal costs and enjoy a seperate life.   

 

Dr J C Vashista (Advocate)     17 February 2016

Apply to his Head of the department for maintenance, meanwhile file a case for maintenance u/s 125 Cr. PC for yourself and one of the minor child;

Findout whereabout of your husband adopting any means, if unsuccessful, lodge a missing report  informing his employer.

Do you have evidence of having some extra marital affairs?

Did you talk with your husband and the woman, where you know he is having an affainr?

If no, collect and take further step in consultation with a local lawyer.

Use social platform  and avoid legal recourse till you get "some" results, although you have sought a legal opinion and advise..


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