Maintenance Case
Ajay Kumar
(Querist) 02 September 2016
This query is : Resolved
Dear experts, my wife filed DV case on me and she gave written statement that she is not safe in my house. She gave false statement. We all family members trying to back her home from starting. But she denied all time. I want to take her back home. We have also one baby girl of 2 years. I want my child also but my wife not want to stay with us. In these circumstances if she not come back can I take custody of my child in future. Please suggest me what I should do if she refused to come back.
Ms.Usha Kapoor
(Expert) 03 September 2016
If your wife deserts you without t reasonable cause and also in gainful employment you But to yuour 2 year old Baby girl you'll have to pay maintenance. If you indulged in DV she must hsve filedDV cse. If the concerend Protection officer files Domestic incident Report, the Metropolitan Magistrate court/Judicial Magistrate of First class MAY GIVE YOUR WIFE RESIDENTIAL ORDERS, MEDICAL EXPENSES, PROTECTION ORDERS, CUSTODY OF CHILDREN ETC. if THERE ARE INJURY MARKS ON HER BODY IT CAN SAFELY BE CONCLUDED THAT YOU ARE INDULGING IN DOMESTIC VIOLENCE AGAINST HER.if YOU'VE NOT COMMITTED Any domestic violence at all even once your wife flied false case her case may be dismissed. you can file divorce on the ground of desertion against your wife.Regarding guardianship ans child custody you can file separate proceedings after the child completes 5 years of age. Father is a natural guardian of the child after 5 years under Hindu Minority and Guardianship Act. Currently in divorce proceedings you ask the court for visitation rights of your child.If your wife consents both of you file Divorce by Mutual consent which will be finalized within 4 to 6 months.
Guest
(Expert) 03 September 2016
What your lawyer has told you on your question, as you would have hired one for fighting the DV case?
Further, on what sound grounds do you propose to get your infant baby of 2 years from her mother?
Also, you have asked question about maintenance, but have discussed about DV case and to get your babay from your wife, but discussed nothing about the maintenance. In what way your description is linked to maintenance?
Rajendra K Goyal
(Expert) 03 September 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Maintenance-in-Domestic-violence-case-570236.asp
http://www.lawyersclubindia.com/experts/DV-case-for-maintenance-573366.asp
http://www.lawyersclubindia.com/experts/Maintenance-in-Domestic-violence-case-570241.asp
Ajay Kumar
(Querist) 03 September 2016
Thanks Ms. Usha Kapoor.
RAVI K GOUD
(Expert) 06 September 2016
Ms. Usha Kapoor, rightly suggested.
