Gurmeet (Executive) 09 December 2011

Domestic voilance and mantainance case

I had an arrange marriage in 2006 and have a baby which is 3 years old now. As soon as we had a baby, my in-laws started harrassing me. I have now filed a divorce case in Faridabad district court. As a result, my wife has filed a case against me and my family for domestic voilence and maintenance.

My wife is qualified and is earning Rs 25,000 pm. My cyrrent salary is Rs 15,000.

Please guide me what should I do ?

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8 Replies

Alok Tholiya (self employed) 09 December 2011

In what manner they started harrassing you???? Some times wife can be a pain in a... buy how her side can ???? Come up with truth.

Advocate M.Bhadra 09 December 2011

You should defend the D.V.case as filed by your wife and also file an objection in Maintenance Case by filing income proof of your wife,but you have to pay maintenance for your child.You can also file a suit for Restitution of Conjugal Right against your wife for pressuring on your wife.

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A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER) 09 December 2011

I agree with Mr.Minasu Bhadra. However, if you given actual facts and circumstances, further comments can be given.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 09 December 2011

Once the cases are filed, no option but to defend them

You should start paying some amount for the baby suo-motto.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

(Guest)

Yes, it is rightly said that some time girls / wife may be the pain in the a ---. Problem is more compounded when greedy father incite the unsuspecting daughter for violence, especially when daughter is earning good money. Daughter take her father as role model. Where as truth is, every individual is different in this world. Ultimately, who suffer? daughter only & father keep shedding crocodile tears to fool. I have very high regards for Mr. Shonee Kapoor & all the legal luminaries in this forum.

Regards

(Guest)

You have no other option but to defend your case.Now days a lot of false domestic violence cases are filed .As regards to maintanence your wife cannot claim maintanence as she is working but collect her salary certificate or her IT returns and as much evidence as possible and produce it in court ,else she may deny she is working . As regards to child maintaince your counsel would have to argue for the same as the same can be shared by both of you as she too is a earming member .Whats the figure she has asked for child maintanence ??

Alternatively you can file for child custody and if it is given to you this would defeat her right to ask for child maintanence .