Domestic violence

Originally posted by : IMTIYAZ HUSSAIN
	Order for interim maintenance was passed in the trial court in Domestic Violence Case. Execution was filed by the wife for the payment of amount by the husband. Execution was pending and in the mean time final order was passed by the trial court in this matter. All the respondents along with husaband were found not guilty. Nothing was written about maintence in the said final order. Now the question are:- 1. Can wife claim pending maintenance? 2. Does it have any effect on the Maintenance Case u/s 125, which is still pending in other court? 3. what relief she can calim from court?   plz reply as soon as possible.

What court has written in final judgement about monthly maintenace whether it will continue or not?

nothing is written about maintenance or its continuation.

If you are all discharged from Dv case filed by her, where does the question of paying anything arise at all? So no case, No relief.

If court havn't granted any final maintenace. she cannot claim pending maintenance. For 125 CrPC you can file an application to dismiss the case on the ground that it is proved that husband was not cruel towards her wife and wife left the husband without sufficiant cause.

How does it matter from which side you belong. Law remains the same.

If you want to help her start paying her something else help her finding a job instead of filing the false cases.

Originally posted by : Sachin
	How does it matter from which side you belong. Law remains the same. If you want to help her start paying her something else help her finding a job instead of filing the false cases.

It really matters to make you understand the case and to get proper information from others. Yes, I know the law remains the same for everyone but I dont think you have much knowledge about law. 

How do you know that the case was filed by her was a false case? Are you party to that case?

Stop posting nonsence if you dont know anything. 

I posted here to help and to protect the right of that girl and her minor daughter.

I just need help from others not your arrogant reply. 

Imtiaz Hussain sir,

you have yourself stated that the court found the respondents not guilty. So there is no way you can make them guilty. I honestly feel what Mr. Sachin wrote is very apt. Facts remain facts even if we find them not favouring us. 

Originally posted by : IMTIYAZ HUSSAIN
	Originally posted by : Sachin How does it matter from which side you belong. Law remains the same. If you want to help her start paying her something else help her finding a job instead of filing the false cases.   It really matters to make you understand the case and to get proper information from others. Yes, I know the law remains the same for everyone but I dont think you have much knowledge about law.  How do you know that the case was filed by her was a false case? Are you party to that case? Stop posting nonsence if you dont know anything.  I posted here to help and to protect the right of that girl and her minor daughter. I just need help from others not your arrogant reply.

If you are so sure that case is not false and the court is wrong. Who stops you to file an appeal against the order.?

As I said earlier if you really want to help her, help her financially instead  to suggest her to "wander" around court.

Respected Ramesh Singh, 

i am only clearing my doubts. Every one is singing " husband is obliged to maintain wife" and cite a judgement or two of Supreme Court.  The very same Supreme Court has said that educated women can't sit idle and wait for dole from husbands. My lawyer also says Supreme Court has said that husband has to maintain wife. Women want equal rights even to drink and dance on the roads at least on New Years Eve. And when it comes to maintenance, suddenly, the the wife becomes Sati Savithri. Yesterday I had an argument with my lawyer. I said if wife is not working, she has to find work. So I said the lawyer should argue that maintenance, if at all can be provided only for y months or 1 year. But lawyer is telling me if she can't work? What a ridiculous question was that?  Why have I employed a lawyer if she simply says , law says so or court says so.

my question here is how vehemently can I ask my lawyer to argue in favour of limited or zero maintenance?

the only advantage with my lawyer is I can someway or other coerce him into talking what I want, at least to a limited scale.

kindly help me out. She has not asked for maintenance under the divorce petition. She has objected, contesting.

but when dV gets over, hopefully, she , sure will put up a petition for that, kindly equip me with how I should be arguing about it. Wife , an MBA, was working before marriage and quit before marriage for reasons best known to her.

Originally posted by : Rishi kumar
	Respected Ramesh Singh,  but when dV gets over, hopefully, she , sure will put up a petition for that, kindly equip me with how I should be arguing about it. Wife , an MBA, was working before marriage and quit before marriage for reasons best known to her.

Dear Mr Rishi,

I agree on most of the points raised by you.

The thumb rule of maintenance is the spouse "unable" to maintain herself / himself is entitied to get maintenance.

The DV Act is only for women and 125 CrPC or  sec 24 of HMA are gender neutral means husband can also file maintenance .

Now coming to your question when DV gets over, she will file the case of 125 Cr.P.C or other for maintenace.

In my view once you acquitted in DV Act all other case proceedings can be quashed or dismissed on the ground of that judgement of acquittal. but remember vice-versa is not possible