Dv act
pummy jain
(Querist) 03 January 2016
This query is : Resolved
can my wife claim interim maintenance or reliefs domestic violence if she has living separately for 4.5 years and we dont have any issue and she is a professional.
Nadeem Qureshi
(Expert) 04 January 2016
she may claim but the court will grant or not it depend on the court and you, if you proved that she is professional and able to maintain herself then the court may dismissed her interim application/interim relief.
Rajendra K Goyal
(Expert) 04 January 2016
If she claims all facts and her and yours qualification / earnings has to be brought in the notice of the court.
K.S.Srinivas
(Expert) 05 January 2016
If she is a professional and earning member, then you have prove that in the court. Then the court may reject granting interim maintenance.
T. Kalaiselvan, Advocate
(Expert) 10 January 2016
Whether she can claim or not means, sh is not barred from claiming maintenance under DV act, the provisions are favorable to her. Now the question is about the maintainability. If you can prove her employment and salary details as well as the reasons for staying away from your company is that she voluntarily abandoned the matrimonial home and deserted you for the reasons known only to her, also you were willing to take her back whereas she refused to return are some of the strong reasons you can put forth before court while citing reasons for repudiating her maintenance claim.
