D.V. case

Querist : Anonymous (Querist) 01 February 2011 This query is : Resolved
Legal and expert guidance needed by aggrieved husband who is a advocate in the same court where the Domestic violence case filed by estranged wife. .....
1) Wife working with private hospital and accepted that she is drawing salary Rs. 22000=00 and left husbands home 2 years back and went to her parents house.
2) she has illicit relations with ex-colleague and very late night phone call details and her actions proves that.
3) she also filed complaint in CAW women cell and after hearing both sides ACP, forwarded the case to mediation cell.
4) couple have one 6 year old daughter, presently daughter living with mother.
5) she filed domestic violence case 3 months back.
6) Husbands father and mother disowned their son and daughterin law, when it becomes unbearable to see fight between husband and wife during the presence of daughter in law and wrong treatment meted out by d -in- law.

a) Can wife seek maintenance for herself as she is working.
b) Can the names of fatherin law and mother in law can be excluded from the case,due to legal disown.
c) Is there any advantage to go in mediation. Are they biased or fair?
d) what other precautions can be taken by husband and his parents to save from unnecessary harassment.

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Arvind Singh Chauhan (Expert) 01 February 2011
Wife is not entitled if you can prove that she is earning and there is no domestic violence on the part of you. But daughter is entitle.

You can file revision within 90 days against the cognizance order against your parents or may approach to HC to quash the proceeding against your parents under Sec 482, if they are innocent

You should take part in mediation proceeding and must put your grievances.

Avoid to put allegations on wife which you can't prove in court.

G. ARAVINTHAN (Expert) 01 February 2011
Wife cannot claim if she is earning ... But children were to be maintained

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