Domestic violence act
miss.munnowara f. pakajade
(Querist) 07 January 2013
This query is : Resolved
Respected, I am now representing a wife under domestic violence act. She has filed an application in 1998 claiming maintenance under s.125 in which court grant it @ rs.250 per month. She file revision application wherein court alter it @ rs.500 per month. For some months husband paid it .then after his failure, she filed an application under s.128 for recovery. In the proceeding husband paid due amount. Again the same things has been repeated after some few months. She files recovery application which she withdraw on 24/8/2012 on payment of due amount. Since, the withdrawal of this application , a husband had not paid monthly maintenance to her. Now again the same things has repeated and she now wants final remedy. husband is a serving as a peon in irrigation department and previously was serving in military. So is there any provision under dv act to claim maintenance freshly? Whether his salary and pension can be attached for the mainternance .so the there will be no lapses in payment in future.
Devajyoti Barman
(Expert) 07 January 2013
Under DV Act you can claim maintenance at fresh rate and from the date of fling the petition.
V R SHROFF
(Expert) 07 January 2013
Agree with Shri Barman
File DV Application for mtn + residence, with interim relief. Demand half the salary say 10k p.m. min+ damages 1L
Raj Kumar Makkad
(Expert) 07 January 2013
The maintenance awarded under DV Act can be claimed directly through salary of husband by specific order of the court so that wife may get it through her bank account every month at the same time her husband gets his salary.
ajay sethi
(Expert) 07 January 2013
agree with experts
R.K Nanda
(Expert) 08 January 2013
no more to add.
