Domestic violence need reply urgently
Dheeraj kumar
(Querist) 11 May 2013
This query is : Resolved
Hi Experts
My wife put 498a and DV case as the hearing for DV case is next week i would like to know how long this DV case usually run and what are the various ways to delay this DV case and I also like to know suppose lower court grant a maintenance 0f 10000 rs per month to my wife can i appeal to higher court as she is working and earning almost 20000 rs per month my main concern is when i appeal to higher court during that period i have to pay 10000 rs to her or until the judgement of higher court it will be on hold.
Devajyoti Barman
(Expert) 11 May 2013
The DV is generally early disposed off, though it takes at least two years.
All the order passed by the Magistrate can be challenged in sessions court.
In appeal the court may direct to give any interim amount as it deems fit,
M V Gupta
(Expert) 13 May 2013
While determining the maintenance amount the court will take into account the earning of the wife and the husband and if satisfied that the wife is earning adequately to maintain herself, she may not be granted any amount. But, if there are children, the court will grant maintenance to them, irrespective of the earning of the wife.
ajay sethi
(Expert) 13 May 2013
in mumbai DV cases take 3 years to be disposed of .
we don not suggest dilatory tactics .
if wife is earning Rs 20,000 per month court may not award her maintenance . what is your montly income ?
V R SHROFF
(Expert) 13 May 2013
Even interim DV order appealable in sessions court. GO FOR APPEAL.
PROSECUTION TIME DEPENDS ON COURT WORK LOAD, Advocate's attitudes and tactics, avl of Witnesses, etc. say 2 years..
