Section 12
Sujith
(Querist) 05 September 2013
This query is : Resolved
Dear experts,i am facing dv and on august 31 mediation also failed.and court ordered me 4000 as a intrim maintanance.can i have the right to tell the court that iam ready to maintain her her if she will leave with me?
ajay sethi
(Expert) 05 September 2013
did you file your reply to DV application ? what are your wife qualifications ? is she working ?
you must have negaged a local lawyer . if your wife is working and well qualified you can challenge the order of maintenance .
Sujith
(Querist) 05 September 2013
i filed the reply.she was worked before marriage and she is graduate.in the mediation she demanded me to stay with her family at their place and she told me that she is not interested to stay in rented house and she need me to purchase a home at their place for purchasing a house she wants me to ask my share from my family.which i rejected and after that she told me that she will move to supreme court.i am in the view that i am ready to maintain her on a condition that if she stay with me at my place.if she demand these things in court will the court accept her condition?
ajay sethi
(Expert) 05 September 2013
if she has been working before marriage and you are able to prove the same it will affect her chances of getting an order for maintenance .
dont make the mistake of purchasing any property till your cases go on . you should take the stand that you want your wife to stay with you and are willing to maintain her . wife who has deserted her husband without any sufficent cause is not entitled to maintenance . stress on her work experience and her qualifications
Rajendra K Goyal
(Expert) 05 September 2013
Well advised by the expert, engage a good local lawyer.
Sankaranarayanan
(Expert) 05 September 2013
no more answer will be needed . mr sethi given fully and i too agreed
Sujith
(Querist) 05 September 2013
sir one more query also i have actually our properties are in my mothers name did she have the right to claim on that properties for maintanance.becoz i only have my clothes and mobiles in my name rest all are in the my mothers and fathers name
ajay sethi
(Expert) 05 September 2013
as on date she has no right on properties owed by your parents
Rajendra K Goyal
(Expert) 05 September 2013
She has got no right on the property of your parents as on date.
R.K Nanda
(Expert) 05 September 2013
nothing to add more.
Sujith
(Querist) 06 September 2013
thank you all for your precious time
Raj Kumar Makkad
(Expert) 07 September 2013
Your right is not questioned but now you have to follow the order passed by the court.
V R SHROFF
(Expert) 09 September 2013
still time to fight with planned attacks.
need experienced lawyer specialised in DV cases.
DV is a special type of enactment where judge have pleasure to adopt civil as well as criminal proceedings, and a clever advocate can take full advantage of this ZDual procedure. Judge is having decreation, but cannot go out of process of law.
Your interim Mtn. order is appealable u/s 29 of DV Act.
Your defence must start will long duration ATTACKS.
SHE IS BOUND TO PRODUCE ALL PROOF OF HER sALARY EARNED/AND aPEX COURT CLARIFIED, IF EARNING, EDUCATED, AND RESIGN FOR SAKE OF GETTING MTN, IT CANNOT BE ENCOURAGED. SO NO MTN.
ajay sethi
(Expert) 09 September 2013
thanks for your appreciation
