Domestic Violence
madhukar
(Querist) 26 October 2009
This query is : Resolved
I had married in 2006. Wife has stayed with me for one month &went back to her maternal house by her own & in 2007 complained vs. us.(me & my Mother)
My wife has put up case vs. me & my mother in 2007 under 498 &420 of IPC. We have arrested &released on bail.
Now she has filed case under Domestic violence application u/s 12 for relief’s u/s 20&22 asking compensation Rs.20 lac towards mental agony, torture, emotional distress hardship, harassment etc. & monthly Rs.10000/- per month as maintenance for our daughter.
Requested court to direct order pay of interim order monthly maintenance @ Rs. 5000/- pm for daughter.
She earns 22000/- Govt school teacher & having her own flat in Mumbai. Flat is locked &she stays with her mother (mother is retired school principal get monthly pension). She says her expenses, are paying E.M.I payment towards flat & car purchase comes around 12500/- & maintenance charge of her flat is 2000/- per month.
Our baby is with her. Baby is 2& ½ year old.
I had earlier working with PSU my salary was Rs.28000 /-pm. Now I am working for pvt. chemical company & my Gross salary is 21000/-. My parents are old (74 & 69 years) & are under medication. My monthly expenses are more than 14000/-. Recently I had lost my money in stock market.
It’s not possible for me to pay as per her demand.
I request you to suggest me best possible action to safeguard me &may parents from cruelty of my wife.
What will court decide as per present law on her demand?
I would like to mention one thing, when she complains to police in 2007. Police asked her to make compromise. Upon which she has given in writing some conditions & asked me to accept those condition. Through RTI I have collected that paper from police.
Those conditions were. 1. I should hand over my entire salary to her 2. I should buy house for her 3. I should not stay with my parents. Etc. paper is signed by her
After marriage I had given her Rs 150000/- By cheque for buying furniture for her house. She took all gold ornaments purchase by me.
i would like to know following information in regard to DV case vs me by my wife.
1. My wife is working in Goverment aided junior college in mumbai. How to get her salary slip. thorugh RTI, is it possible if yes then whom to write &what to write.
2. My wife has mentioned that she is paying EMI for paying back the loan on car & house she bought.how to get the EMI details she is paying to bank from which she is taken the loan. Limited or co-op banks ar coverd under RTI?
Pl suggest.
KASI NAGESWARA RAO
(Expert) 27 October 2009
domestic violence act will be applicable those who are living with in house hold only,you can approach to high court to quash that
adv. rajeev ( rajoo )
(Expert) 27 October 2009
Any how case is filed you have to contest.
She is Govt employee, produce the documents related to her employment and her own house, an employee cannot claim the maintenance. In my opinion approaching high court is not advisable because i.e., high court what order will be passed, in almost all cases orders will be passed first you face the trial and come. So it is better to contest the case in the LC only.
G. ARAVINTHAN
(Expert) 27 October 2009
Any how compensation clause would attract and production of her employment details would do nothing with it.
Try to file Quash before High Court..
A.P.Manoranjan
(Expert) 27 October 2009
I fully agree with the advise of Mr.Kasi Nageswara Rao.
Raj Kumar Makkad
(Expert) 27 October 2009
Mr. Madhukar! You need not worry. Face the situation with zeal and patience. As your wife is working and earning even more than you, definitely she shall not be entitled for the grant of any maintainance allowance from you. baby is definitely entitled but his maintainance shall be equally distributed by you both.
Now remains the question of domestic violence, it appears on the basis of documents obtained by you from police under RTI Act that rather you, your wife has committed domestic violence against you. Put all these documents in your pleading and defend the case accordingly, definitely her application shall be dismissed with cost.
madhukar
(Querist) 30 October 2009
Dear sir,
Compensation demanded by my wife (Rs.20 Lac). How much is valid. what the court will decide? is she entitled to get the compensation? if yes how much. what is maintenance charge i need to pay for my baby. in my case how much it will come to me.
I had already spent Rs 1 Lac on medical expenses for our baby & Rs 30000/- for wife.
pl guide
