Dva

Hari haran (Querist) 06 February 2012 This query is : Resolved
Dear Experts,

My wife had file a Dva thru Protection Officer & interim Maintanance.In the DVA main petition she stated that she & her parents tried for a rejoin but we rejected those steps, which is false. But As I willing to rejoin I had filled RCR & visiting rights for my 3 yr old male child in family court. Now in RCR she didn't given any counter for 4 hearings.In RCR his lawyer is telling that as DVA is going on in JM7 they need a last chance for counter. Now the judge has given a final date for counter in RCR. In DVA the Judge had told to start the trial, in that also she is not coming for enquiry. In visiting rights Judge told her to bring the child to court. She is not obeying even for the judges words. We have a recorded Evidence for her father stating that " All the allegation said in that case are false & I have filled this case only to revenge your parents" when my brother went for a solution to their house.

1. I wish to give Maintenance for my child & also to her. As I am earning 15k/P.M how should I give?
2. I need Visiting Rights for my child soon. What steps I have to take?
3. If she is not coming to examination then what will happen?
4. Now I am living with my parents. she askd for a shared household or a rental house? What should I do..
5. Can we win this case?

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M.Sheik Mohammed Ali (Expert) 06 February 2012
1. the court will decided
2. file a petition for visiting
4. yes, you must give share house hold
5. depend upon the evidence.

ajay sethi (Expert) 06 February 2012
amount of maintenace would be decided by court . considering your income it may be around rs 5000 per month .

you can make an application to court that you should be given visitation rights .

if your wife is not remaining present in court nor leading any evidence RCR will be decided in your favour .

Under Dv act wife has right to stay in shared household . whoownsds the presmises wherein you are residing?

you have a good case .