Domestic violence
Querist :
Anonymous
(Querist) 18 August 2011
This query is : Resolved
My wife has filed a case in domestic violence Act against me and demanding Rs.20000 per month for maintinance and full huose for residence which was purchased by me with assitance house building advance from my office . she is having 2 son with her, aged 13 years and 17 years . I am drawing Gross salary Rs.34000/-. How much amount for maintinace can be legaly awarded to her for maintinance? what is age limit for getting maintinace in case of son under domestic violence Act? can she has any legal to Cick me out from my house which has been purchase from the assistance of house building advance form my Deparetment but the deed is in her name? and I am paying the EMI from my salary, regularly.
ajay sethi
(Expert) 18 August 2011
it is shared household wherein you have been staying together . she is entitled to stay in the house with your children.
the court after considering your income , number of dependants can award maintenance it deems reasonable .
the court can under section 19 (b) direct you to vacate the shared household . the court can also direct you to provide her alternative accomodation of same level as enjoyed by her in shared household or pay rent for the same
prabhakar singh
(Expert) 18 August 2011
Award of maintenance amount is dependent up on several facts.
you say your income is 34k monthly and you have a house on loan but you do not mention its EMI,or else it is so that after deduction of EMI from your salary you get 34k.
BUT THEN YOU ALSO HAVE FAILED TO TELL IF YOU HAVE PARENTS father/mother/or both DEPENDENT up on you.
ONE THING SURE DO NOT SUBMIT TO HER DEMAND OF YOUR HOUSE bought on loan FOR her LIVING.
but you would need to plead this all ,a court is not expected to dream your facts rather it is duty of party to bring by proving those facts before court.
I think 1/3rd will stand spared for your own expenditure.Parents if there are,would be entitled subject to 10k maximum each, in your case it may come to some thing around 5k for both ,if solely dependent on you(in case you do not have earning brothers/sisters).
So in case you have parents dependent solely on you on rough estimate the award to wife may be 4to5k,so for sons who are minor on date of award may be any thing around 3to4k,all in all around 10k up/or down is my estimate.
Dr Anil Kumar Singh
(Expert) 18 August 2011
I agree with expert : Prabhakar Singh. Do not fall to demand of your wife for shared house in court . Present the facts before the court and contest the domestic violence case with the guidance of your counsel.
Devajyoti Barman
(Expert) 18 August 2011
In Bengal the court generally do not go beyond 1/5th of the income of the husband.
