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Krishna Mohan (Accountant)     18 November 2013

Maintenance-dvc

Hi,

I got married on 14th Feb 2013 and and my wife fought with me and went to her parents on 25th April 2013. From there she filed 498a on dad, mom and Father and police arrested us. Currently we are on bail. Now again  i got DVC notice and i appeared court and hired advocate. i got the complaint copy now. she is demanding 50 lacs and 30k per month as her maintenace.

I have the below doubts-

1. What is the maximum and Minimum maintenace granted by the DVC act.

2. How the Maintenace is determined (on what factors)

3. My take home salary is 50k and out of which 30k is my housing loan. My parents are completely dependent on me and both mom and dad are diabetic and BP patience. And i am not in a position to pay such a huge maintenace.

4. We were under a same roof only for 28 days for that sin why do i need to pay such a huge maintenace.

5. Infact she herself owns a property more than 80 lacs and she did her MS in uk. she is not dependent on me.

Thanks

 

 



Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 November 2013

prove it before the court that she is able to maimtain herself, the court may reject her maintenance

Laxmi Kant Joshi (Advocate )     18 November 2013

Collect all the evidences and show them before court and prove that she is able for her maintenance, if court satisfied It may rejects her maintenance petition .

stanley (Freedom)     18 November 2013

As you have stated that she is not dependent on you it means to say that she is a working women having sufficient means to survive or having her own independent source of income . If that is the case that maintanence wont be awarded . 

In your DV act you have not stated what are the reliefs she has asked for for eg Right to residence , protection order ,compensation and maintanence .


(Guest)

Relief ie maintenance [rent, alimony] can only be granted only if an act of domestic violence is proved in court. If no Domestic violence has occurred... then no relief can be granted to the petitioner.


in short.. NO DV = No relief.

 

But that is not that easy as it looks. It takes minimum 5-6 years to come out of DV case, guilty or not is secondary. Better ask your wife to withdraw such case against you. Mostly such cases are filed to squeeze money out of you. Ask her how mch she is expecting from you. Pay her money and take MCD from her. These litigation processess will go on and on and on and on...

Krishna Mohan (Accountant)     14 August 2014

Can she take the DVC back?

stanley (Freedom)     14 August 2014

he he :-) ;-)  looks like wife showed you red apple and you got carried away . Its like the story of Adam and Eve . Yes DV can be withdrawn by her . But 498 A cannot be withdrawn it has to be quashed in the high court .


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